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7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 GRACE NAVARRO, et al., Case No. 1:24-cv-00288-JLT-SAB 11 Plaintiffs, ORDER GRANTING MOTION FOR LEAVE 12 TO AMEND AND VACATING HEARING v. ON MOTION TO DISMISS 13 WALMART, INC., (ECF No. 40) 14 Defendant. 15 16 Before the Court is Plaintiffs’ motion for leave to file a first amended consolidated class 17 action complaint. Defendant Walmart, Inc. has filed a non-opposition to the motion. (ECF 18 No. 41.) Under Rule 15(a) of the Federal Rules of Civil Procedure, leave to amend shall be 19 freely given when justice so requires. Fed. R. Civ. P. 15(a)(2). “In the absence of . . . undue 20 delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies 21 by amendments previously allowed, undue prejudice to the opposing party by virtue of 22 allowance of the amendment, futility of amendment, etc.—the leave sought should . . . be ‘freely 23 given.’” Foman v. Davis,

(1962), quoting Fed. R. Civ. P. 15(a). In other 24 words, “[a]bsent prejudice, or a strong showing of any of the remaining Foman factors, there 25 exists a presumption under Rule 15(a) in favor of granting leave to amend.” Eminence Capital, 26 LLC v. Aspeon, Inc.,

(9th Cir. 2003). 27 Here, the Court finds that granting leave to amend implicates none of the Forman factors. Indeed, Defendant has filed a non-opposition, which demonstrates that it will not be prejudiced 1 | by the granting of the motion. 2 Accordingly, it is HEREBY ORDERED that: 3 1. Plaintiffs’ motion for leave to file a first amended consolidated class action 4 complaint (ECF No. 40) is GRANTED; 5 2. Plaintiffs shall file a first amended consolidated class action complaint within five 6 (5) days of the entry of this order; 7 3. The March 26, 2025 hearing on Defendant’s motion to dismiss is VACATED; 8 and 9 A, Defendant shall have five (5) days from the filing of Plaintiffs’ first amended 10 consolidated class action complaint to withdraw the pending motion to dismiss. 11 Db IT IS SO ORDERED. DAM Le 13 | Dated: _March 11, 2025 _ □□ STANLEY A. BOONE 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28