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Ramirez v. County of San Diego

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


November 19, 2007

BENNY RAMIREZ, ET AL., PLAINTIFFS,
v.
COUNTY OF SAN DIEGO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER GRANTING LEAVE TO AMEND COMPLAINT

This lawsuit arises out of the alleged fatal shooting of Jorge Ramirez by defendant Mark Ritchie, a San Diego County Sheriff Deputy. On August 31, 2006, the court granted Defendants' motion to dismiss or strike portions of the complaint. Although the court granted 20 days' leave to amend regarding some of the claims, Plaintiffs never amended their complaint.*fn1 Defendants filed an answer on September 28, 2006. Plaintiffs now move for leave to amend their complaint, seeking to set forth "a more factually complete presentation of the claims stated in the original complaint" which survived the motion to dismiss and to strike. (Mot. to Amend at 3.) Defendants have filed a notice of non-opposition to the motion. (See Docket no. 46.)

The Federal Rules of Civil Procedure ("FRCP") allow amendment of a pleading once as a matter of right "at any time before a responsive pleading is served . . . . Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires." FRCP R. 15(a). Defendants' statement of non-opposition operates as their written consent to amendment under Rule 15(a). The court also finds that Plaintiffs have demonstrated good cause for amendment. The court therefore GRANTS Plaintiffs leave to file the proposed first amended complaint attached to their motion as Exhibit 1 to the declaration of Maurizio A. Mangini.

IT IS SO ORDERED.


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