Bonchon International, Inc. v. Nabiekim Enterprises, Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BONCHON INTERNATIONAL, INC., Case No. 1:22-cv-00311-JLT-HBK BONCHON U.S.A., INC., BONCHON 12 FRANCHISE LLC, ORDER GRANTING PARTIES’ MOTION FOR LEAVE FOR PLAINTIFF TO FILE A 13 Plaintiffs, FIRST AMENDED COMPLAINT 14 v. (Doc. No. 11) 15 NABIEKIM ENTERPRISES, INC, KAYE Y. KIM, CALVIN KIM. 16 Defendants. 17 18 19 Pending before the Court is the parties’ joint motion for leave for Plaintiff to file a first 20 amended complaint filed on May 3, 2022. (Doc No. 11). Defendants consent to Plaintiff being 21 permitted leave to file a First Amended Complaint no later than Tuesday, May 17, 2022, pursuant 22 to Federal Rule of Civil Procedure 15(a)(2). (Id. at 2).1 The parties further stipulate that 23 Defendants’ deadline to respond to the First Amended Complaint shall be no later than Tuesday, 24 May 31, 2022. 25 1 Defendants’ consent does not eliminate Plaintiff’s right to file an amended complaint under Fed. R. Civ. 26 P. 15(a)(1). Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) (holding a “[p]laintiff's 15(a)(2) amendment, filed first in time, cannot be construed as a waiver or exhaustion of his 27 automatic right to amend under 15(a)(1), so long as that amendment was timely.” See also T.T. v. Cnty. of San Diego, No. 319-CV-00407-AJB-AGS, 2020 WL 516146, at *3 (S.D. Cal. Jan. 31, 2020). 28 1 Accordingly, it is ORDERED: 2 1. The parties’ stipulated motion for leave for Plaintiff to file a first amended complaint 3 | (Doc. No. GRANTED. 4 2. Plaintiffs shall file a first amended complaint no later than May 17, 2022. 5 3. Defendants shall respond to Plaintiffs’ first amended complaint no later than May 31, 6 | 2022. 7 Dated: _ May 10,2022 Mihaw. □□□ foareA Zacks 9 HELENA M. BARCH-KUCHTA 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28