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Stafford B. Davis v. the John Stewart Company

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 1, 2011

STAFFORD B. DAVIS, PLAINTIFF,
v.
THE JOHN STEWART COMPANY, DEFENDANT.

ORDER

This case is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On December 9, 2010, the undersigned issued a status (pretrial scheduling) order which, among other things, provided plaintiff until January 10, 2011 to file a motion for leave to amend his complaint. Dckt. No. 14 at 2. On January 4, 2011, plaintiff filed such a motion, along with a proposed amended complaint. Dckt. No. 15. Plaintiff noticed the motion for hearing on February 9, 2011. Id.

On January 26, 2011, defendant filed a statement of non-opposition to plaintiff's complaint. Dckt. No. 18. In light of that non-opposition, as well as the liberal amendment standards set forth in Federal Rule of Civil Procedure 15(a)(2), plaintiff's motion to amend will be granted.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion to file an amended complaint, Dckt. No. 15, is granted;

2. The February 9, 2011 hearing on plaintiff's motion to amend is vacated;

3. As required by Local Rule 220, within fourteen days from the date this order is filed, plaintiff shall file a copy of the proposed amended complaint, which is currently attached to plaintiff's motion as Exhibit A, as a separate docket entry; and

4. Defendant shall file a response to plaintiff's amended complaint within fourteen days after the amended complaint appears on the electronic docket.

20110201

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