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3

4 UNITED STATES DISTRICT COURT

5 DISTRICT OF NEVADA

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8 BELLA VISTA LLC, et al., Case No. 2:20-cv-00574-JCM-NJK Plaintiffs, 9 v. ORDER 10

11 THE PEOPLE’S REPUBLIC OF CHINA, et al., 12 Defendants. 13 14 Presently before the court is plaintiffs’ motion for leave to file a second amended class 15 action complaint. (ECF No. 12). Defendant has not responded, and the time to do so has now 16 passed. 17 This matter was initiated on March 23, 2020. (ECF No. 1). On June 5, 2020, plaintiffs 18 filed their first amended complaint. (ECF No. 6). Plaintiffs now move for leave to file their 19 second amended complaint. (ECF No. 12). 20 Federal Rule of Civil Procedure 15(a) provides that “a party may amend its pleading only 21 with the opposing party’s written consent or the court’s leave” and that “[t]he court should freely 22 give leave [to amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2). In Foman v. Davis, 23 the Supreme Court explained: 24 In the absence of any apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by 25 amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of the amendment, etc.—the leave sought should, as 26 the rules require, be “freely given.” 27

(1962); see also Jackson v. Bank of Hawaii,

(9th Cir. 28 1990). 1 Plaintiffs seek to amend their class action complaint and have attached their proposed 2|| filing. (ECF No. 12). This court construes defendants’ failure to respond as consent. See LR 7- 2(d). Plaintiffs’ motion for leave to amend is granted. 4 Accordingly, 5 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the plaintiffs’ motion 6|| for leave to file a second amended complaint, (ECF No. 12), be, and hereby is, GRANTED. 7 DATED THIS 9" day of October 2020. 9 tis ©. Atala JAMESG.MAHAN—~———S™ 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28