Yue v. Han et al

Northern District of California, cand-4:2015-cv-03463

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING {{85}} MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER AND COUNTERCLAIM.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 DONGXIAO YUE, 7 Case No. 15-cv-03463-HSG Plaintiff, 8 ORDER GRANTING MOTION FOR v. LEAVE TO FILE SECOND AMENDED 9 ANSWER AND COUNTERCLAIM GAOGAO HAN, et al., 10 Re: Dkt. No. 85 Defendants. 11 12 Northern District of California United States District Court 13 On July 16, 2016, Defendant Gaogao Han filed a motion for leave to file a second 14 amended answer and counterclaim. Dkt. No. 85 ("SAA"). Defendant Han represents that his 15 SAA will correct typographical errors and clarify his statements made in the first amended answer 16 and counterclaim. Id. at 1. On July 20, 2016, Plaintiff Dongxiao Yue filed a notice of non- 17 opposition to the filing of the SAA. Dkt. No. 88. 18 Under Federal Rule of Civil Procedure 15, a party may amend its pleading within 21 days 19 of service or "with the opposing party's written consent or the court's leave." Leave to amend 20 "shall be freely given when justice so requires." AmerisourceBergen Corp. v. Dialysist W., Inc., 21 465 F.3d 946, 951 (9th Cir. 2006) (citation and quotation marks omitted). 22 Given that the SAA is unopposed, the Court finds that granting leave to file the SAA will 23 serve the interests of justice. The hereby Court GRANTS Defendant Han's motion for leave to 24 file the SAA. 25 // 26 // 27 // 28 // 1 The Court reminds the parties that going forward, they should meet and confer in advance 2 to determine whether there is a genuine dispute that necessitates motion practice. 3 IT IS SO ORDERED. 4 Dated: 7/22/2016 5 ______________________________________ HAYWOOD S. GILLIAM, JR. 6 United States District Judge 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2