Porter v. Yuba City Police Dept. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Quiana Lei Porter, No. 2:20-cv-01554-KJM-DB 12 Plaintiff, ORDER 13 v. Yuba City Police Dept., et al., 1S Defendants. 16 17 Quiana Lei Porter acting pro se filed her first complaint in August 2020, Compl., ECF 18 | No. 1, which the assigned magistrate judge dismissed for failure to state a claim, Order, ECF 19 | No.3. Having been granted leave to amend, Porter filed the First Amended Complaint in 20 | February 2021, First Am. Compl., ECF No. 7. Defendants have not answered, and the matter has 21 | not been scheduled. Porter now moves for leave to file a Second Amended Complaint. Mot., 22 | ECF No. 15. Porter and her new counsel, Substitution of Counsel, ECF No. 6, having reviewed 23 | the relevant evidence, seek to correct “certain facts .. . in the operative complaint to make a clear 24 | record of the events that had actually transpired.” Mot. at 1. They also seek to add the 25 | appropriate names of some defendants. /d. The motion is unopposed and submitted. Min. Order, 26 | ECF No. 17. 27 Federal Rule of Civil Procedure 15(a)(2) states “[t]he court should freely give leave [to 28 | amend] when justice so requires” and the Ninth Circuit has “stressed Rule 15’s policy of favoring 1 | amendments.” Ascon Properties, Inc. v. Mobil Oil Co., 866 F.2d 1149, 1160 (9th Cir. 1989). 2 | However, courts may decline to grant leave to amend only if there is strong evidence of ‘undue 3 | delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies 4 | by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance 5 | of the amendment, [or] futility of amendment, etc.’” See Sonoma Cty. Ass’n of Retired Emps. v. 6 | Sonoma Cty., 708 F.3d 1109, 1117 (9th Cir. 2013) (quoting Foman vy. Davis, 371 U.S. 178, 182 7 | (1962)). Given the early stage of this case and the fact defendants have not yet appeared, the 8 | court does not find there is any undue prejudice or undue delay. Furthermore, there is no 9 | evidence of any other factors that would persuade the court decline to grant leave to amend. 10 Accordingly, the court grants the motion. Plaintiff shall have 21 days to file a Second 11 | Amended Complaint. 12 This order resolves ECF No. 15. 13 IT IS SO ORDERED. 14 DATED: July 20, 2021. 15 16 17 CHIEF ED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 45 1 2