Loynachan v. Smiley

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- KEVIN LOYNACHAN and JANICE No. 2:22-cv-00841 WBS JDP LOYNACHAN, individually and as successors-in-interest to Decedent CHAD LOYNACHAN, 14 ORDER RE: MOTION FOR LEAVE TO Plaintiffs, AMEND COMPLAINT v. DARLENE SMILEY, in her individual capacity as a law enforcement officer for SISKIYOU COUNTY SHERIFF’S OFFICE; and DOES 1-50, inclusive, Defendant.

----oo0oo---- Plaintiffs Kevin Loynachan and Janice Loynachan move 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. ee RII IIE OEE OER NEE OS EI OS OO 15(a) (2). Leave should be denied only 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). “[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.

9 Cal. Sept. 5, 2013).

10 Plaintiffs seek leave to amend in order to add a claim 11 for failure to provide post-arrest care under the Fourth | Amendment. (Mot. at 2-3 (Docket No. 24).) They do so on the 13 ground that they only recently learned that the defendant may 14 have failed to provide reasonable post-arrest care to decedent | Chad Loynachan after shooting him. (Id.) 16 Defendant has not filed an opposition to the motion, | and the deadline to do so has passed. See L.R. 230(c). In light 18 of defendant’s non-opposition, and good cause appearing, | plaintiffs’ motion will be granted. See Johnson, 975 F.2d at 20 609; J & J Sports Prods., 2013 WL 4780764, at *1.

21 IT IS THEREFORE ORDERED that plaintiffs’ motion for 22 leave to file an amended complaint (Docket No. 24) be, and hereby 23 is, GRANTED. Plaintiffs are directed to file their amended | complaint within ten days of the issuance of this Order. The | hearing on plaintiffs’ motion set for October 16, 2023 is hereby 26 VACATED. - ak. ah tle (LA. 27 Dated: September 19, 2023 WILLIAMB.SHUBB .}.}©}©§=©—©)—.—” 28 UNITED STATES DISTRICT JUDGE