Weyl v. DEPCOM Power Inc.

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA GREGORY WEYL, Case No. 25-cv-00741-BAS-DEB 12 Plaintiff, ORDER GRANTING IN PART 13 v. PARTIES’ JOINT MOTION TO AMEND THE COMPLAINT DEPCOM POWER, INC., et al., (ECF No. 12) 15 Defendants.

19 Presently before the Court is Plaintiff Gregory Weyl and Defendant1 DEPCOM Power Inc.’s (“DEPCOM”) Joint Stipulation to file a First Amended Complaint (“FAC”).

21 (ECF No. 12.) “In general, a court should liberally allow a party to amend its pleading.”

22 Sonoma Cty. Ass’n of Retired Emps. v. Sonoma Cty., 708 F.3d 1109, 1117 (9th Cir. 2013) (citing Fed. R. Civ. P. 15(a)); see also Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 24 708, 712 (9th Cir. 2001) (“A district court shall grant leave to amend freely when justice so requires.’”). Further, a party may amend its pleading without a court order where the opposing party consents in writing. Fed. R. Civ. P. 15(a)(2).

1 The Court notes that DEPCOM is the sole named Defendant, whereas the remaining Defendants 1 Here, considering (i) the broad policy favoring amendments to pleadings and (11) the || parties’ joint motion, which indicates DEPCOM’s consent to the amendment, the Court || GRANTS IN PART the Joint Motion to the extent it seeks leave for Plaintiff to file a FAC.

4 However, the Court declines to approve the parties’ Joint Motion insofar as it || pertains to service of the FAC via Notice and Acknowledgment of Receipt (“NAR”), as || well as the stipulated deadlines for DEPCOM to return the executed NAR and respond to 7 Complaint. (ECF No. 12 at 2:7—-13.) In light of the fact that the parties have access to ||electronic service through the docket in this matter, the Court finds service via NAR is |}unnecessary. Accordingly, Plaintiff shall file his FAC on or before July 25, 2025.

10 |} DEPCOM shall file a responsive pleading on or before August 8, 2025.

11 IT IS SO ORDERED.

13 ||DATED: July 16, 2025 (yatta Bahar te 14 H n. Cynthia Bashant, Chief Judge United States District Court ~_9_