1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OSCAR RAMOS, No. 2:24-cv-01562-CKD 12 Plaintiff, 13 v. ORDER 14 JUDY LANSCHOOT, ET AL., 15 Defendants. 16 17 Pending before the Court is Plaintiff’s motion to amend his first amended complaint. 18 (ECF No. 9.) Defendants have not yet appeared in this matter. Based on the absence of 19 opposition, the matter is deemed submitted on the record without the need for oral argument 20 pursuant to Local Rule 230(g). 21 Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend a 22 pleading once as a matter of course before a responsive pleading is served. Otherwise, a party 23 may amend only by leave of the court or by written consent of the adverse party. Fed. R. Civ. P. 24 15(a). “Rule 15(a) is very liberal and leave to amend shall be given freely when justice so 25 requires.” AmerisourceBergen Corp. v. Dialysist West, Inc.,

(9th Cir. 2006) 26 (citation and quotation omitted). The district court may deny a motion to amend where the 27 amendment: (1) prejudices the opposing party; (2) is sought in bad faith; (3) produces an undue 28 delay in litigation; or (4) is futile. Bowles v. Reade,

(9th Cir. 1999). ] Plaintiff initiated this action with the filing of his original complaint on June 2, 2024. 2 | (ECF No. 1.) On June 19, 2024, Plaintiff filed his first amended complaint. (ECF No. 5.) In his 3 | motion, Plaintiff indicates he seeks to amend his first amended complaint to add a new defendant, 4 | PB Valley, LLC. (ECF No. 9 at 3.) Plaintiff states he was unaware that the real property had been 5 || transferred to a new owner, PB Valley, LLC prior to his initial filing. Jd. The Court finds no 6 || evidence of prejudice, bad faith, undue delay in litigation, or futility. Review of the docket 7 || indicates Defendants have not been served or have otherwise appeared in this matter. 8 | Accordingly, Plaintiffs motion to amend will be granted. 9 In accordance with the above, IT IS HEREBY ORDERED that: 10 1. The September 11, 2024, hearing (ECF No. 10) is VACATED; 11 2. Plaintiff's motion to amend (ECF No. 9) is GRANTED; and 12 3. Within five (5) days of entry of this order, Plaintiff shall file the lodged Second 13 || Amended Complaint (ECF No. 9-3) as a standalone docket entry. 14 | Dated: August 26, 2024 / aa / x ly a 1s CAROLYN K DELANEY 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 |] 4, ramo1562.24 20 21 22 23 24 25 26 27 28