1 2 3 4 5 6 UNITED STATES DISTRICT COURT

7 DISTRICT OF NEVADA

8 * * * 9 MICHAEL J. WELLS, Case No. 3:18-cv-00297-LRH-CLB

10 Plaintiff, ORDER

11 v.

12 LINDA McMAHON, in her official capacity as the Administrator of the 13 U.S. Small Business Administration, and the NEVADA STATE 14 DEVELOPMENT CORPORATION,

15 Defendants.

16 17 18 On April 22, 2019, the court entered its order (ECF No. 39) which dismissed plaintiff's 19 claims against Linda McMahon, in her official capacity as the Administrator of the United States 20 Small Business Administration, and also dismissed plaintiff's claims against the Nevada State 21 Development Corporation. All but one claim was dismissed without prejudice, and the court stated 22 in its order (ECF No. 39, p 15 ln 3-14) that: 23 In lieu of dismissing Wells’ complaint against NSDC with prejudice, the Court will grant Wells leave to amend on five of his six claims. Federal Rule of Civil 24 Procedure 15(a) allows for a court to grant a party leave to amend a complaint “when justice so requires,” because the rule’s underlying purpose is to facilitate 25 decisions on the merits rather than pleadings or technicalities. Lopez v. Smith,

(9th Cir. 2000) (en banc). Leave to amend should only be denied 26 if allowing the amendment would unduly prejudice the opposing party, cause undue delay, be futile, or if the moving party has acted in bad faith. Leadsinger, Inc. v. BMG Music Publ’g,

(9th Cir. 2008). There is no reason to believe 27 that allowing Wells to amend his complaint will prejudice NSDC, and given the 1 opportunity to remedy the factual deficiencies within it. The Court will, however, dismiss Wells’s claim for equitable subrogation with prejudice for the reasons 2 stated within this order. 4 However, almost one year later, plaintiff has not amended his complaint. And GOOD 5 || CAUSE APPEARING, 6 IT IS HEREBY ORDERED that the Clerk of the Court shall CLOSE this matter. 7 IT IS SO ORDERED. 8 ee 9 DATED this 12th day of March, 2020. 10 LAR . HICKS UNITED STATES DISTRICT JUDGE

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