Michael Grecco Productions, Inc. v. McKinnon Broadcasting Company

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA MICHAEL GRECCO PRODUCTIONS, Case No. 22-cv-00935-BAS-AHG INC., ORDER: Plaintiff, v. (1) GRANTING MOTION FOR LEAVE TO FILE FIRST MCKINNON BROADCASTING 15 AMENDED COMPLAINT (ECF COMPANY, No. 12); AND Defendant. (2) GRANTING JOINT MOTION 18 TO DISMISS MCKINNON BROADCASTING COMPANY WITH PREJUDICE (ECF 20 No. 13)

22 Pending before the Court are two motions in this copyright action. First, Plaintiff moves for leave to file a first amended complaint. (ECF No. 12.) The proposed first amended complaint adds The Associated Press as a defendant, which Plaintiff alleges was responsible for the infringement at issue. (Id.) Rule 15(a)(2) provides that the Court “should freely give leave when justice so requires.” Fed. R. Civ. P. 15(a)(2). The Court finds that granting leave is appropriate here. See Foman v. Davis, 371 U.S. 178, 182 (1962) (listing | || factors for granting leave to amend). Thus, the Court GRANTS Plaintiffs motion for leave ||to amend. Plaintiff must file the amended pleading no later than September 6, 2022.

3 Second, the parties have jointly requested that Defendant McKinnon Broadcasting ||Company be dismissed from this case with prejudice. (ECF No. 13.) The Court GRANTS ||the joint motion and DISMISSES WITH PREJUDICE Plaintiff's case as to Defendant McKinnon Broadcasting Company. Each party shall bear its own attorneys’ fees and costs.!

7 IT IS SO ORDERED.

8 f || DATED: August 31, 2022 (pil Q_& Ayphan. 6 10 United States District Judge 28 ! Further, the Court TERMINATES the parties’ duplicative motions. (ECF Nos. 10, 11.) ~_9.