Loynachan v. Smiley ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 KEVIN LOYNACHAN and JANICE No. 2:22-cv-00841 WBS JDP LOYNACHAN, individually and as 13 successors-in-interest to Decedent CHAD LOYNACHAN, 14 ORDER RE: MOTION FOR LEAVE TO Plaintiffs, AMEND COMPLAINT 15 v. 16 DARLENE SMILEY, in her 17 individual capacity as a law enforcement officer for SISKIYOU 18 COUNTY SHERIFF’S OFFICE; and DOES 1-50, inclusive, 19 Defendant. 20 21 ----oo0oo---- 22 Plaintiffs Kevin Loynachan and Janice Loynachan move 23 for leave to amend the operative complaint. A party seeking 24 amendment must show that the amendment is proper under Rule 15, 25 see Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608 (9th 26 Cir. 1992) (citations omitted), under which leave to amend should 27 be given “freely . . . when justice so requires,” Fed. R. Civ. P. 28 ee RII IIE OEE OER NEE OS EI OS OO 1 15(a) (2). Leave should be denied only if amendment (1) would 2 cause prejudice to the opposing party, (2) is sought in bad 3 faith, (3) would create undue delay, or (4) is futile. Chudacoff 4 v. Univ. Med. Ctr. of S. Nev., 649 F.3d 1143, 1152 (9th Cir. 5 2011) (citation omitted). “[I]f a court finds that good cause 6 exists, it should then deny a motion for leave to amend only if 7 such amendment would be futile.” J & J Sports Prods., Inc. v. 8 | Maravilla, 2:12-cv-2899 WBS EFB, 2013 WL 4780764, at *1 (E.D. 9 Cal. Sept. 5, 2013). 10 Plaintiffs seek leave to amend in order to add a claim 11 for failure to provide post-arrest care under the Fourth 12 | Amendment. (Mot. at 2-3 (Docket No. 24).) They do so on the 13 ground that they only recently learned that the defendant may 14 have failed to provide reasonable post-arrest care to decedent 15 | Chad Loynachan after shooting him. (Id.) 16 Defendant has not filed an opposition to the motion, 17 | and the deadline to do so has passed. See L.R. 230(c). In light 18 of defendant’s non-opposition, and good cause appearing, 19 | plaintiffs’ motion will be granted. See Johnson, 975 F.2d at 20 609; J & J Sports Prods., 2013 WL 4780764, at *1. 21 IT IS THEREFORE ORDERED that plaintiffs’ motion for 22 leave to file an amended complaint (Docket No. 24) be, and hereby 23 is, GRANTED. Plaintiffs are directed to file their amended 24 | complaint within ten days of the issuance of this Order. The 25 | hearing on plaintiffs’ motion set for October 16, 2023 is hereby 26 VACATED. - ak. ah tle (LA. 27 Dated: September 19, 2023 WILLIAMB.SHUBB .}.}©}©§=©—©)—.—” 28 UNITED STATES DISTRICT JUDGE