(PS) McGee v. Airport Little League Baseball Inc. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFERSON A. McGEE, No. 2:21-cv-1654 JAM DB PS 12 Plaintiff, 13 v. ORDER 14 AIRPORT LITTLE LEAGUE BASEBALL, INC., et al, 15 16 Defendants. 17 18 Plaintiff Jefferson A. McGee is proceeding in this action pro se. This matter was referred 19 to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Plaintiff 20 commenced this action on September 14, 2021, by filing a complaint and paying the applicable 21 filing fee. (ECF No. 1.) On November 22, 2021, plaintiff filed a motion for leave to file an 22 amended complaint and a proposed amended complaint. (ECF Nos. 8 & 9. ) 23 Rule 15(a) of the Federal Rules of Civil Procedure provides that “leave to amend shall be 24 freely given when justice so requires.” AmerisourceBergen Corp. v. Dialysist West, Inc., 465 25 F.3d 946, 951 (9th Cir. 2006) (quotation omitted); see also Fed. R. Civ. P. 15(a) (“The court 26 should freely give leave when justice so requires.”). However, courts “need not grant leave to 27 amend where the amendment: (1) prejudices the opposing party; (2) is sought in bad faith; (3) 28 produces an undue delay in the litigation; or (4) is futile.” Id. The “court’s discretion to deny 1 leave to amend is particularly broad where the court has already given the plaintiff an opportunity 2 || toamend his complaint.” Fidelity Financial Corp. v. Federal Home Loan Bank of San Francisco, 3 | 792 F.2d 1432, 1438 (9th Cir. 1986). 4 Here, the undersigned finds that granting plaintiff leave to amend would not prejudice 5 || defendants, is not sought in bad faith, would not produce an undue delay in this litigation, and 6 | does not appear to be futile. Moreover, plaintiff has not previously been granted leave to amend. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plamtiff’s November 22, 2021 motion for leave to amended (ECF No. 8) is granted; 9 2. The November 22, 2021 amended complaint is the operative complaint in this action; 10 | and 11 3. The Clerk of the Court shall issue plaintiff summons for service on the defendants. 12 | Dated: December 14, 2021 13 14 15 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 | DLB:6 DB/orders/orders.pro se/megee 1654. lta.ord 23 24 25 26 27 28