Barber v. Compass Health

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 LAUREN BARBER, KATE HUME CASE NO. C22-1289 MJP and CATHERINE BAUM, on behalf of 11 themselves and a class of all others ORDER GRANTING MOTION TO similarly situated, AMEND Plaintiffs, v. COMPASS HEALTH, Defendant.

This matter comes before the Court on Plaintiffs’ Unopposed Motion for Leave to File a First Amended Complaint. (Dkt. No. 13.) Having reviewed the Motion and all supporting materials, the Court GRANTS the Motion and GRANTS LEAVE to Plaintiffs to file the amended complaint.

Under Rule 15, “[t]he court should freely give leave” to amend “when justice so requires.” Fed. R. Civ. P. 15(a)(2). Rule 15 is “to be applied with extreme liberality.”

AmerisourceBergen Corp. v. Dialysist W., Inc., 465 F.3d 946, 951 (9th Cir. 2006). And leave should be granted unless there is evidence of “undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.” Foman v. Davis, 371 U.S. 178, 182 (1962).

5 The Court finds that leave should be given to file the amended complaint. Plaintiffs identify new facts that have recently transpired that drive their desire to amend. The Court is satisfied that the request does not reflect delay or bad faith, and there is no evidence of prejudice.

8 The Court also notes that Defendant does not oppose the request. Accordingly, the Court GRANTS the Motion and GRANTS LEAVE to Plaintiffs to file the amended complaint.

10 Plaintiffs must file the amended complaint within 7 days of entry of this Order.

11 The clerk is ordered to provide copies of this order to all counsel.

12 Dated December 19, 2022.

A 14 Marsha J. Pechman United States Senior District Judge