Holmes v. USAA Savings Bank

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

HENRY HOLMES,

Case No. 2:21-cv-00446-JAD-NJK 9 Plaintiff(s),

ORDER v. [Docket No. 7]

11! USAA SAVINGS BANK,

12 Defendant(s).

13 Pending before the Court is Plaintiff's renewed motion for leave to file a second amended 14], complaint. Docket No. 7. No response has been filed. Applying the governing standards, e.g., 15] Eminence Capital, LLC vy. Aspeon, Inc., 316 F.3d 1048, 1051-52 (9th Cir. 2003), the motion for 16] leave to amend is hereby GRANTED.' Plaintiff must promptly file and serve the second amended complaint. See Local Rule 15-1(b).

18 IT IS SO ORDERED.

19 Dated: June 28, 2021

Nancy J. Koppe, _ 21 United StatesMagistrate Judge ———______ ' Tt is within a magistrate judge’s authority to grant leave to amend the complaint. 27\| Vandehey v. Real Soc. Dynamics, Inc., 2017 WL 4411042, at *1 n.4 (D. Nev. Oct. 4, 2017) (citing U.S. Dominator, Inc. v. Factory Ship Robert E. Resoff, 768 F.2d 1099, 1102 n.1 (9th Cir. 1985) 28] and Morgal v. Maricopa Cnty. Bd. of Sup’rs., 284 F.R.D. 452, 458 (D. Ariz. 2012)).