GS Holistic, LLC v. Nitika, Inc .

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- GS HOLISTIC, LLC, No. 2:22-cv-2037 WBS DB 13 Plaintiff, 14 v. ORDER GRANTING LEAVE TO FILE AMENDED COMPLAINT NITIKA, INC d/b/a SMOKE PARADISE 707, NITIKA DADHWAL, GURPREET DADHWAL, and JEFFREY LEE, Defendants.

----oo0oo---- 21 Plaintiff GS Holistic, LLC moves for leave to amend the operative complaint. A party seeking amendment must show that the amendment is proper under Rule 15, see Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608 (9th Cir. 1992). (citations omitted), under which leave to amend should be given “freely . . . when justice so requires,” Fed. R. Civ. P. 15(a)(2). Leave should only be denied if amendment (1) would cause prejudice to the opposing party, (2) is sought in bad faith, (3) would create undue delay, or (4) is futile. Chudacoff v. Univ. Med. Ctr. of S. Nev., 649 F.3d 1143, 1152 (9th Cir. 2011) (citation omitted).

3 “[I]f a court finds that good cause exists, it should then deny a motion for leave to amend only if such amendment would be futile.” J & J Sports Prods., Inc. v. Maravilla, 2:12-cv-2899 WBS EFB, 2013 WL 4780764, at *1 (E.D. Cal. Sept. 5, 2013).

7 Plaintiff seeks leave to amend for the sole purpose of substituting in Abdo Alghazali as the correct named individual defendant in place of the current individual defendants, and Unlimited Smoke and Vape Paradise d/b/a Smoke Paradise as the correct corporate defendant in place of the current corporate defendant. (See Mot. at 2 (Docket No. 28); Proposed Amended Complaint (Docket No. 28-2).) It does so on the grounds that it only recently learned the identities of the appropriate defendants. (See Mot. at 3.)

16 The originally named defendants have not filed an opposition, and the deadline to do so has passed. See L.R. 230.

18 Further, default has been entered against defendants other than Abdo Alghazali and Unlimited Smoke and Vape Paradise d/b/a Smoke Paradise because they failed to respond to the complaint. (See Docket Nos. 16, 18.) Accordingly, good cause appearing, and because it does not appear that the proposed amendment would be futile, plaintiff’s motion will be granted. See Johnson, 975 F.2d at 609; J & J Sports Prods., 2013 WL 4780764, at *1.

25 IT IS THEREFORE ORDERED that plaintiff’s motion for leave to file an amended complaint (Docket No. 28) be, and the same hereby is, GRANTED. Plaintiff is directed to file the proposed amended complaint attached to the motion (Docket No. 28- nnn nnn nen enn nn nn ne EI OE IEEE 2) within ten days of the issuance of this Order. The hearing on plaintiff’s motion set for September 18, 2023 is hereby VACATED.

3 Dated: September 1, 2023 Jed / . 4k. 2 4 WILLIAMB.SHUBB © 5 UNITED STATES DISTRICT JUDGE