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Watson v. Bekins Van Lines Co.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


June 11, 2009

STEPHEN A. WATSON, INDIVIDUALLY, AND ON BEHALF OF HIMSELF AND ALL OTHER SIMILARLY SITAUTED AS TO CAUSES OF ACTION SIX AND SEVEN, PLAINTIFF,
v.
BEKINS VAN LINES COMPANY; BEKINS MOVING SOLUTIONS, UNITED SECURITY INSURANCE COMPANY; SIX & GEVING INSURANCE, INC., DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

ORDER GRANTING MOTION TO DISMISS AND GRANTING 20 DAYS' LEAVE TO AMEND [Motion filed on May 19, 2009]

This matter comes before the Court on Defendant Bekins Moving Solutions, Inc.'s Motion to Dismiss, filed May 19, 2009. Defendant's Motion seeks dismissal with prejudice. On June 1, 2009, Plaintiff Stephen A. Watson filed his Notice of Non-Opposition to the Motion to Dismiss, but requested that the Court dismiss the action without prejudice and grant him 20 days to amend his Complaint.

The Court dismisses Plaintiff's Complaint, and grants Plaintiff 20 days' leave to amend. Pursuant to Federal Rule of Civil Procedure 15(a)(2), federal courts are instructed to "freely give leave [to amend] when justice so requires." Fed. R. Civ. P. 15(a)(2). In its discretion, a district court may "deny leave to amend 'due to undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, and futility of amendment.'" Zucco Partners, LLC v. Digimarc Corp., 552 F.3d 981, 1007 (9th Cir. 2009) (quoting Leadsinger, Inc. v. BMG Music Publ'g, 512 F.3d 522, 532 (9th Cir. 2008) (quotation marks and alterations in Leadsinger omitted)). Though the Court recognizes Defendant's arguments regarding complete preemption and the artful pleading doctrine, because Watson has not yet had the opportunity to amend his complaint, the Court is not convinced that amendment would be futile. Accordingly, the Court dismisses Plaintiff's Complaint with leave to amend. Plaintiff shall file an Amended Complaint within twenty (20) days of the date of this order.

IT IS SO ORDERED.

20090611

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