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Alexandro Aguirre and Rafael v. Home Depot U.S.A.

June 3, 2011

ALEXANDRO AGUIRRE AND RAFAEL
GSA AGUIRRE,
PLAINTIFFS,
v.
HOME DEPOT U.S.A., INC., A DELAWARE CORPORATION, JLG INDUSTRIES, INC.,
DEFENDANTS.



The opinion of the court was delivered by: Gary S.Austin United States Magistrate Judge

ORDER REGARDING PLAINTIFFS' MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT (Document 28)

INTRODUCTION

On April 20, 2011, Plaintiff Alexandro Aguirre and Rafael Aguirre filed a Motion for Leave to File Amended Complaint. (Docs. 28-31.) On May 10, 2011, Defendants Home Depot U.S.A., Inc. and JLG Industries, Inc. filed an opposition to the motion. (Doc. 34.) Thereafter, on May 18, 2011, Plaintiffs filed a reply to the opposition. (Docs. 35-37.)

On May 25, 2011, this Court determined the matter was suitable for decision without oral argument pursuant to Local Rule 230(g).*fn1 The hearing scheduled for May 27, 2011, was vacated and the matter was deemed submitted for written findings. (Doc. 39.)

PROCEDURAL BACKGROUND

Plaintiffs filed a First Amended Complaint ("FAC") in the Stanislaus County Superior Court on or about January 13, 2010. (Doc. 1, Ex. A.) On February 19, 2010, Defendant JLG Industries, Inc. ("JLG") filed its answer to the FAC. (Doc. 1, Ex. C.)

On February 22, 2010, Defendant JLG, with the consent of Defendant Home Depot U.S.A., Inc. ("Home Depot"), filed a Notice of Removal with this Court based upon diversity jurisdiction. (Doc. 1 & Ex. B.)

On March 2, 2010, Home Depot filed its answer to the FAC. (Doc. 8.)

The undersigned issued a Scheduling Conference Order in this matter on April 23, 2010. (Doc. 14.)

On May 13, 2010, the parties filed a stipulation allowing for the filing of a Second Amended Complaint ("SAC") by Plaintiffs. (Docs. 15-16.) The Court adopted the stipulation in part. (Doc. 18.)

On May 25, 2010, Plaintiffs filed the SAC. (Doc. 21.) On June 15, 2010, both Defendants filed an answer to the SAC. (Docs. 22-23.)

On April 20, 2011, Plaintiffs filed the instant motion. (Doc. 28.)

DISCUSSION

The Federal Rules of Civil Procedure provide that a plaintiff may amend his complaint once "as a matter of course," and without leave of court, before a response has been filed. Fed. R. Civ. P. 15(a)(1); Bonin v. Calderon, 59 F.3d 815, 845 (9th Cir. 1995). Here, Defendants filed a ...


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