Fetchero v. Amica Mutual Insurance Company

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 11 SAMUEL FETCHERO et al., CASE NO. 2:22-cv-00400-TL 12 Plaintiff(s), MINUTE ORDER 13 v. 14 AMICA MUTUAL INSURANCE COMPANY, Defendant(s).

The following Minute Order is made at the direction of the Court, the Honorable Tana Lin, United States District Judge: (1) On November 28, 2022, the Parties filed a stipulated motion for leave to file Plaintiffs’ second amended complaint. Dkt. No. 25. The stipulated motion includes Defendant’s express written consent to the proposed amendments. Id. (2) When a party is unable to amend its pleading before trial as a matter of course, the “party may amend its pleading only with the opposing party’s written consent or the 1 court’s leave.” Fed. R. Civ. P. 15(a)(2). As Plaintiffs have written consent of the 2 opposing party, the Court’s leave is not required. Fern v. U.S., 213 F.2d 674, 677 (9th 3 Cir. 1954) (“Once the adverse party has consented to the amendment of a pleading, 4 the court has no control over the matter under Rule 15(a).”).

5 (3) Plaintiffs are therefore directed to file their amended complaint. Defendant shall then 6 have fourteen (14) days from the date of filing to respond to the amended complaint.

7 See Fed. R. Civ. P. 15(a)(3).

8 (4) The Clerk is directed to terminate the stipulated motion for leave to amend at Dkt.

9 No 25.

10 Dated this 6th day of December 2022.

12 Ravi Subramanian Clerk of the Court s/ Kadya Peter 14 Deputy Clerk