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Thomas Dias v. California Highway Patrol Officer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 23, 2012

THOMAS DIAS,
PLAINTIFF,
v.
CALIFORNIA HIGHWAY PATROL OFFICER RAUL REYNA, JR. (#16632); CALIFORNIA HIGHWAY PATROL CAPTAIN DARREN IKETANI (#9630); CALIFORNIA HIGHWAY PATROL LIEUTENANT DAN SEAMAN (16370) AND DOES 1 THROUGH 30, INCLUSIVE, DEFENDANTS.

ORDER RE: MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Because oral argument will not be of assistance to the court in ruling on plaintiff's motion for leave to file a First Amended Complaint, the hearing date of January 30, 2012, is VACATED pursuant to Local Rule 230(g) and the court will take the motion under submission without oral argument.

Rule 15(a) provides that parties may amend their pleadings "only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). As a general matter, leave to amend should be granted with "extreme liberality." DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987) (citation omitted). "Four factors are commonly used to determine the propriety of a motion for leave to amend. These are: bad faith, undue delay, prejudice to the opposing party, and futility of amendment." Id. "The party opposing amendment bears the burden of showing prejudice." DCD Programs, 833 F.2d at 187.

Defendants filed a statement of non-opposition to plaintiff's motion for leave to file a First Amended Complaint. (Docket No. 16.) A statement of non-opposition is filed by "[a] responding party who has no opposition to the granting of the motion." Local R. 230(c). The court will therefore grant plaintiff's motion for leave to amend his Complaint.

IT IS THEREFORE ORDERED that plaintiff's motion for leave to file a First Amended Complaint be, and the same hereby is, GRANTED.

Plaintiff shall file his amended complaint, a copy of which was attached as an exhibit his motion for leave to amend, within ten days of the date of this Order.

20120123

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