1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JAMIE TREVINO, Case No. 1:23-cv-00658-ADA-CDB

12 Plaintiff, ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO AMEND 13 v. (Doc. 9) 14 AMAZON.COM SERVICES LLC, ORDER DIRECTING CLERK OF COURT 15 Defendant. TO REVISE PARTY NAME 16 17 On April 28, 2023, Defendant Amazon.com Services LLC (“Defendant”) removed this 18 action from Kern County Superior Court. (Doc. 1). Thereafter, Plaintiff Jamie Trevino 19 (“Plaintiff”) filed this instant motion to amend the summons issued on March 21, 2023 and return 20 of service of summons filed on April 15, 2023, by striking the words “Jamie Trevino, Plaintiff,” 21 and adding in their place the words “Jaime Trevino, Plaintif.” (Doc. 9 at 2). Defendant does not 22 oppose the motion. Id. 23 Minor errors in the name of a party, through misspelling or other error, do not render a 24 summons substantively defective when the summons and complaint are actually received by the 25 defendant and the defendant is not mislead by the error. East Bay Mun. Util Dist. v. Nat’l Union 26 Fire Ins. Co., No. C 09-0614 PJH,

, at *3 (N.D. Cal. Apr. 10, 2009). Defendant 27 was served on April 15, 2023, and Defendant subsequently removed this action to this Court. (Doc. 28 1 || lack of opposition by Defendant, the Court shall grant Plaintiff's motion. See Fed. R. Civ. P. 2 || 15(a)(2) (“The court should freely give leave when justice so requires.”). Accordingly, it is 3 ||} HEREBY ORDERED: 4 1. Plaintiff's unopposed motion for leave to amend (Doc. 9) is GRANTED; 5 2. Plaintiff may refile the amended summons to this Court with the correct spelling of 6 Plaintiffs name; and 7 3. The Clerk of Court is directed to change Plaintiff's name from Jamie Trevino to 8 “Jaime Trevino.” ? || IT IS SO ORDERED. 10 DR ~ Dated: _ August 8, 2023 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28