1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD SEPULVEDA, No. 2:24-cv-02102-CKD 12 Plaintiff, 13 v. ORDER 14 DAVID HICKS, et al., 15 Defendants. 16

17 18 Pending before the court is plaintiff’s motion to amend the complaint. (ECF No. 5.) 19 Defendants have not yet appeared in this matter or opposed the motion. This matter is deemed 20 submitted on the record without the need for oral argument. See 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 the original complaint on August 5, 2024. 2 || (ECF No. 1.) Plaintiff seeks to amend the complaint to add new defendants, Kim D. Kuhn, Lisa 3 || M. Days, Trustee, and Devon M. Ramos. (ECF No. 5.) The proposed new defendants are the 4 | record owners of the subject property at issue in this action. (Id. at 3.) The court finds no evidence 5 || of prejudice, bad faith, undue delay in litigation, or futility. Accordingly, Plaintiff's motion to 6 || amend will be granted. 7 In accordance with the above, IT IS HEREBY ORDERED as follows: 8 1. The hearing noticed to take place on November 13, 2024, is VACATED; 9 2. Plaintiff's motion to amend (ECF No. 5) is GRANTED; and 10 3. Within five (5) days of entry of this order, plaintiff shall file the lodged amended 11 || complaint as a standalone docket entry. 12 | Dated: October 11, 2024 / 20 } / & □ □ 13 CAROLYN K DELANEY 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 | 8, sepu2102.r15 18 19 20 21 22 23 24 25 26 27 28