1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CINDY ALEGRE, et al, Case No.: 16-cv-02442-AJB-MSB

12 Plaintiffs, ORDER GRANTING PLAINTIFFS’ 13 v. UNOPPOSED MOTION FOR LEAVE TO FILE A FIFTH AMENDED 14 UNITED STATES OF AMERICA, et al., COMPLAINT 15 Defendants. (Doc. No. 254) 16

17 Before the Court is Plaintiffs’ motion for leave to file a Fifth Amended Complaint 18 (“5AC”) as agreed upon by the Parties’ October 20, 2023 Stipulation and Settlement 19 Agreement, and as noted in the Bureau of Indian Affairs’ October 31, 2024 Decision. (Doc. 20 No. 254 at 2–3; see id. at 13.) Defendants filed a statement of non-opposition to Plaintiffs’ 21 motion. (Doc. No. 255.) The Court finds the matter suitable for determination on the papers 22 and without oral argument. The motion hearing previously scheduled is hereby 23 VACATED. 24 There being no opposition to Plaintiffs’ filing of a 5AC as provided in Doc. No. 254- 25 1 and no showing that the amendment would be futile or prejudice Defendants, the Court 26 GRANTS Plaintiffs’ motion for leave to file a 5AC. See Fed. R. Civ. P. 15(a)(2) (courts 27 should freely grant leave to amend “when justice so requires”); Eminence Cap., LLC v. 28 1 || Aspeon, Inc.,

(9th Cir. 2013) (“Absent prejudice, or a strong showing” 2 || of the remaining factors, there exists a ‘presumption under Rule 15(a) in favor of granting 3 leave to amend.””). 4 The Clerk of Court is DIRECTED to vacate the March 20, 2025 hearing and file 5 No. 254-1 as the Fifth Amended Complaint. Defendants’ responsive pleading to the 6 must be filed no later than March 10, 2025. 7 8 IT IS SO ORDERED. ? || Dated: February 24, 2025 Q ZS : 10 Hon. Anthony J.Battaglia 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28