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Monica M. Mason v. Pepsico

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 13, 2011

MONICA M. MASON, PLAINTIFF,
v.
PEPSICO, INC.; AND DOES 1-10, DEFENDANTS

The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

Order Re: Motion for Leave to File First Amended Complaint

Plaintiff's Motion for Leave to File First Amended Complaint was set for hearing on December 22, 2010. Having taken the matter under submission on December 15, 2010, and having reviewed all papers submitted pertaining to this Motion, the Court NOW FINDS AND RULES AS FOLLOWS:

Plaintiff's Motion for Leave to File First Amended Complaint is GRANTED.

Federal Rule of Civil Procedure 15(a) provides that once the time frame to amend a pleading as a matter of course has lapsed, a party may amend its pleading only by obtaining leave of the court. FRCP 15(a); Lone Star Ladies Invest. Club v. Schlotzskys Inc., 238 F.3d 363, 367 (5th Cir. 2001). Leave shall be freely given when justice so requires. FRCP 15(a). Courts consider the following factors that alone, or in combination, may justify denying a motion for leave to amend: undue prejudice to the opposing party, undue delay, bad faith or dilatory motive, futility of amendment, and whether the movant has previously amended a pleading. See Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003).

The Court finds that on balance, the above mentioned factors weigh in favor of granting Plaintiff's present request for Leave. Defendant will not be unduly prejudiced in granting Leave here in order for Plaintiff to add parties to this Action, as the Action is in the beginning stages of litigation and adding the proposed parties here will not affect the Court's jurisdiction. Plaintiff did not delay in bringing this proposed Amendment, and there is no evidence that Plaintiff acted with bad faith or dilatory motive here. Finally, Plaintiff has not previously amended any pleading in this Action.

Accordingly, the Court GRANTS Plaintiff'S Motion for Leave to File First Amended Complaint. Plaintiff shall file her First Amended Complaint within twenty days of this Order.

IT IS SO ORDERED.

20110113

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