1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Good Fellas Market, 2:24-cv-02216-CDS-MDC 4 Plaintiff, ORDER GRANTING LEAVE TO AMEND 5 vs. 6 AmGuard Insurance Company, 7 Defendant. 8 Pending before the Court is plaintiff’s Countermotion to Amend (ECF No. 10). For the reasons 9 stated below, the Court GRANTS the Countermotion. 10 DISCUSSION 11 I. BACKGROUND 12 Plaintiff initially filed this action in the Eighth Judicial District Court, Clark County, Nevada on 13 November 5, 2024. ECF No. 1. Defendant subsequently removed the action to federal court in the 14 United District Court, District of Nevada on November 27, 2024. Id. On December 4, 2024, defendant 15 filed a Motion to Dismiss (ECF No. 6) plaintiff’s complaint pursuant to FRCP 12(b), (e), and (f). 16 On December 17, 2024, plaintiff its Opposition to the Motion to Dismiss (ECF No. 9) and 17 Countermotion For Leave to file First Amended Complaint (ECF No. 10). Plaintiff’s Countermotion 18 attached a copy of the proposed First Amended Complaint as an exhibit. See ECF No. 10-1. On 19 December 19, 2024, the Court granted the parties’ Stipulated Discovery Plan and Scheduling Order 20 (ECF No. 12), which provides a March 4, 2024, deadline for amended pleadings. Defendant opposes 21 plaintiff’s Countermotion on the grounds that plaintiff’s request to amend is not ripe and that 22 amendment would be futile. ECF No. 14. This order only addresses Plaintiff’s Countermotion for leave 23 to amend (ECF No. 10) does not address the motion to dismiss. 24 // 25 // 1 || Tl. ANALYSIS 2 Under Rule 15(a)(1)(A) and (B) of the Federal Rules of Civil Procedure, a party can amend its 3 || pleadings once “as a matter of course” no later than: 4 [1] “21 days after serving” the original pleading; 5 [2] “21 days after service of a responsive pleading” (e.g., an answer); or 6 [3] “21 days after service of a motion under Rule 12(b), (e), or (f).” 7 The Ninth Circuit has generally held that Rule 15(a) should be “applied with extreme liberality.” 8 || Eminence Capital, LLC v. Aspeon, Inc.,

(9th Cir. 2003). 9 Plaintiff's Countermotion and proposed First Amended Complaint were filed on December 17, 10 || 2024 (ECF No. 10), no later than 21 dates after defendant filed and served its Motion to Dismiss (ECF 11 || No. 6) on December 4, 2024. Therefore, plaintiffs right to file the First Amended Complaint (ECF No. 12 || 10-1) was as a matter of course. See FRCP 15(a)(1)(B). Consequently, defendant’s opposition is 13 immaterial, and its “ripe” argument contradicted by Rule 15(a)(1)(B). The Court therefore grants 14 || plaintiff's Countermotion pursuant to FRCP 15(a)(1)(B). 15 ACCORDINGLY, 16 IT IS ORDERED that: 17 1. The Countermotion to Amend (ECF No. 10) is GRANTED. 18 2. The Clerk of Court is kindly requested to immediately file as a stand-alone document, 19 Plaintiff’s First Amended Complaint (previously filed at ECF No. 10-1). 20 21 DATED this 31st day of December 2024. L 7 ) 22 IT IS SO ORDERED. 2 ff. 7

23 Aes Til United States Magistrate Judge 25