1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 9 BRITTANY SEBASTIAN, Case No.: 3:20-cv-9-L-MDD

10 Plaintiff,

11 v. ORDER ON MOTION FOR LEAVE 12 ONE BRANDS LLC, TO AMEND (ECF 58) 13 Defendant. 14 15 Pending before the Court is Plaintiff’s motion for leave to file an amended 16 complaint. (ECF 58). There is no opposition. (See Docket). The Court decides the matter 17 on the papers submitted without oral argument. Civ. L. R. 7.1. For the reasons stated 18 below, the Court GRANTS the motion. 19 Under Federal Rule of Civil Procedure 15(a), courts “should freely give leave 20 when justice so requires.” Fed. R. Civ. P. 15(a). “This policy is to be applied with 21 extreme liberality.” Eminence Capital, LLC v. Aspeon, Inc.,

(9th 22 Cir. 2003). 23 In general, when ruling on a motion to amend, courts consider: undue delay, the 24 movant’s bad faith, prejudice to the opposing party, whether the movant previously 25 amended their complaint, and futility of amendment. Foman v. Davis,

, 182 26 (1962); Johnson v. Buckley,

(9th Cir. 2004). The most important 27 factor is prejudice. Eminence Capital,

. Absent that, or a strong showing 28 1 || of the other factors, there is a “presumption ... in favor of granting leave to amend.” /d. 2 (emphasis original). 3 Plaintiff requests leave to (1) remove the claims related to sugar, (2) add 4 || allegations about nutritional facts and changes that were made after the lawsuit was filed, 5 ||(3) remove the claim for injunctive relief, (4) add a claim for catalyst fees, and (5) 6 || reassert claims against The Hershey Company. (ECF 58). 7 Plaintiffs request is timely. There is nothing to suggest Plaintiff is acting in bad 8 || faith. There is also nothing to suggest Defendant will suffer undue prejudice if the 9 || complaint 1s amended. The case is in its early stages. Moreover, this 1s the first request 10 || for leave. And the proposed amendments are not futile. Therefore, the Court GRANTS 11 |/the motion. Plaintiff has until August 9, 2021 to file the proposed First Amended 12 || Complaint (ECF 58-3, Exhibit B). 13 IT IS SO ORDERED. 14 || Dated: August 4, 2021 fee oop 16 H . James Lorenz, 17 United States District Judge

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