Angelo v. Thomson International, Incorporated ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ASHLEIGH ANGELO, et al., Case No. 1:21-cv-01609-JLT-CDB 12 Plaintiff, ORDER GRANTING PLAINTIFFS’ STIPULATED MOTION FOR LEAVE TO 13 v. FILE A FIRST AMENDED COMPLAINT 14 THOMSON INTERNATIONAL, INC., (Doc. 51) 15 Defendant. 16 17 Before the Court is the parties’ stipulated motion for leave to file a first amended 18 complaint (“FAC”). (Doc. 51). According to the stipulation, Plaintiff Daniel Paquette was 19 mistakenly identified in the operative complaint as a minor child, whereas the FAC is intended to 20 reflect that Daniel Paquette was not a minor child during the relevant time-period. Since the time 21 to file an amended complaint has expired, the parties seek leave of Court to amend the scheduling 22 order under Rule 16(b)(4) to permit filing the FAC. 23 Based on the circumstances and representations of the parties in their stipulated motion, 24 the Court finds good cause under Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607-08 25 (9th Cir. 1992) to allow the parties to file an amended complaint under Federal Rule of Civil 26 Procedure 15(a). 27 Accordingly, it is HEREBY ORDERED that the stipulated motion (Doc. 51) is GRANTED, and Plaintiffs shall have leave to file a first amended complaint; 1 It is FURTHER ORDERED that Plaintiffs shall file the proposed FAC filed in support of 2 | the stipulated motion (Doc. 51-1) electronically as a standalone docket entry in this case no later 3 than July 23, 2023. Upon filing, the first amended complaint will become the operative 4 | complaint in this action; and 5 It is FURTHER ORDERED, pursuant to Fed. R. Civ. P. 15(a)(3), Defendant shall have 14 6 | days following service of the first amended complaint to file a response. 7 | ITIS ORDERED. Dated: _ July 13, 2023 | hr 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28