Anderson v. Reliant Pro Rehab, LLC ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REBECCA ANDERSON and TARA Case No. 1:22-cv-00599-HBK NUNALLY, individually and on behalf of 12 all others similarly situated, ORDER GRANTING PLAINTFFS’ MOTION TO FILE SECOND AMENDED COMPLAINT 13 Plaintiffs, (Doc. No. 24) 14 v. ORDER DIRECTING CLERK TO ACCEPT 15 RELIANT PRO REHAB LLC, d/b/a AND SEPERATELY DOCKET THE RELIANT REHAB, and DOES 1 through SECOND AMENDED COMPLAINT 16 50, inclusive, (Doc. No. 24-1) 17 Defendants. 18 19 20 21 22 Pending before the Court is Plaintiffs’ motion to file a second amended complaint filed on 23 December 14, 2022. (Doc. No. 24). Plaintiffs attach a copy of their proposed second amended 24 complaint to their motion. Doc. No. 24-1). The proposed second amended complaint removes all 25 counts and allegations related to the FLSA and removes the request for a FLSA Collective 26 Action. (See generally Id.). While Defendant does not oppose Plaintiff’s motion, Defendant 27 28 does not consent to the motion. (Doc. No. 24 at 1). 1 Rule 15 governs amended complaints and supplemental pleadings. Fed. R. Civ. P. 15. 2 | Under Rule 15 (a)(2), “a party may amend its pleading only with the opposing party’s written ; consent or the court’s leave” and the “court should freely give leave when justice so requires.” Because Defendants do not consent to Plaintiffs filing a second amended complaint, leave of 6 court is required. The Court, finding the proposed second amended complaint will not cause an 7 | undue delay, is not filed in bad faith, will not prejudice Defendant, and is not futile, grants the 8 || motion. Foman vy. Davis, 371 U.S. 178, 182 (1962). 9 Accordingly, it is ORDERED: 10 1. Plaintiffs’ motion to file a second amended complaint (Doc. No. 24) is GRANTED. 2. The Clerk of Court shall accept Plaintiffs’ proposed second amended complaint (Doc. No. 24-1) and separately docket it as “Plaintiffs’ Second Amended Complaint.” 14 3. Defendant shall file a response to Plaintiffs’ Second Amended Complaint within 15 | fourteen (14) days after the Clerk separately files it on the docket. Fed. R. Civ. P. 15(a)(3). 16 17 1g | Dated: _ December 14, 2022 Wiha. Th. fareh Zaskth HELENA M. BARCH-KUCHTA 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28