Correa v. Dunne ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LINA CORREA, Case No. 1:22-cv-00872-JLT-CDB 12 Plaintiff, ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE TO FILE 13 v. SECOND AMENDED COMPLAINT 14 M. DUNNE, et al. (Doc. 26) 15 Defendants. 16 17 On July 14, 2022, Defendants filed a notice of removal of this action from Kings County 18 Superior Court. (Doc. 1). Thereafter, the parties stipulated to Plaintiff filing a first amended 19 complaint pursuant to Federal Rule of Civil Procedure 15(a)(2), on December 9, 2022. (Docs. 20 20-21). 21 On April 13, 2023, Plaintiff filed an unopposed motion for leave to file a second amended 22 complaint. (Doc. 26). Plaintiff notes her proposed second amended complaint has identified the 23 two necessary defendants for this action and that good cause exists to amend. Id. (citing Foman 24 v. Davis, 371 U.S. 178, 182 (1962)). 25 On April 17, 2023, Defendants filed a notice of non-opposition to Plaintiff’s motion for 26 leave to file a second amended complaint. (Doc. 27). In light of Defendants’ non-opposition and 27 based on its own, independent review of the Foman analysis set forth in Plaintiff’s motion, the Court agrees with the analysis and incorporates it herein. 1 Accordingly, in light of Plaintiff's representations, the lack of opposition thereto, and for 2 | good cause appearing, IT IS HEREBY ORDERED: 3 1. Plaintiff's motion for leave to file second amended complaint (Doc. 26) is 4 GRANTED; 5 2. Given Plaintiff and Defendants’ agreement to dismiss certain individual defendants 6 (Docs. 26-5 at 3, 27 at p. 1), the parties shall confer and execute a stipulation of 7 dismissal of the relevant defendants pursuant to Rule 41(a)(1)(A)(ii), Fed. R. Civ. P.; 8 and 9 3. Within five days of the date of this Order, Plaintiff shall file concurrently the executed 10 stipulation pursuant to Rule 41(a)(1)(A)Gi) and the second amended complaint. Il | IT IS SO ORDERED. Dated: _ April 18, 2023 | br 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28