GS Holistic, LLC v. King's Mini Mart

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 1] GS Holistic, LLC, No. 2:23-cv-00351-KJM-CKD 12 Plaintiff, ORDER 13 v. 14 King’s Smoke Shop & Vape, et al., 15 Defendants.

17 Plaintiff GS Holistic, LLC’s original complaint named two defendants: “King’s Smoke | Shop & Vape” and one Doe defendant. Compl. §{ 6-7, ECF No. 1. Since then, plaintiff's | counsel discovered the correct defendants are actually King’s Mini Mart (doing business as King | Smoke Shop) and Hameedullah Nooristani. Mot. Am. at 2, ECF No. 12. Plaintiff now requests | leave to amend the complaint to correct the defendants’ names. See id. No defendant has yet | appeared, no party or non-party has registered any opposition to the motion, and the court has not | yet issued a scheduling order under Federal Rule of Civil Procedure 16.

24 Rule 15 permits a party to amend its complaint with the court’s permission. See Fed. R. | Civ. P. 15(a)(2). “The court should freely give leave when justice so requires.” Jd. The Ninth | Circuit has long “stressed Rule 15’s policy of favoring amendments” and has “applied this policy | with liberality.” Ascon Props., Inc. v. Mobil Oil Co., 866 F.2d 1149, 1160 (9th Cir. 1989).

28 | Requests to amend are ordinarily denied only when they will result in undue delay or prejudice, | when they are sought in bad faith, when a plaintiff has repeatedly failed to cure deficiencies, or | when amendment would be futile. Foman v. Davis, 371 U.S. 178, 182 (1962). This is not such a | case; an amendment is appropriate.

4 The motion to amend (ECF No. 12) is granted. An amended complaint must be filed | within seven days. The motion hearing previously scheduled for September 1, 2023 is vacated.

6 IT IS SO ORDERED.

7 DATED: August 22, 2023. / / CHIEF ED STATES DISTRICT JUDGE