Opinion
No. CV-11-133-PHX-DGC.
March 15, 2011
ORDER
Defendant Chase Home Finance LLC has filed a motion to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Doc. 6. In response, Plaintiffs have filed a motion for leave to file an amended complaint pursuant to Rule 15. Doc. 7.
Rule 15 makes clear that the Court "should freely give leave [to amend] when justice so requires." Fed.R.Civ.P. 15(a)(2). This policy in favor of leave to amend must not only be heeded, Foman v. Davis, 371 U.S. 178, 182 (1962), it must be applied with extreme liberality, Owens v. Kaiser Foundation Health Plan, Inc., 244 F.3d 708, 880 (9th Cir. 2001). This liberality "is not dependent on whether the amendment will add causes of action or parties." DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987).
Pursuant to Rule 15(a)(2), and in the interests of justice, the Court will grant the motion for leave to amend. Plaintiffs shall file the proposed amended complaint ( see Doc. 7-1) by March 25, 2011. The motion to dismiss the original complaint will be denied as moot.
IT IS ORDERED:
1. Plaintiffs' motion for leave to file an amended complaint (Doc. 7) is granted.
2. Plaintiffs shall filed the proposed amended complaint ( see Doc. 7-1) by March 25, 2011.
3. Defendant's motion to dismiss the original complaint (Doc. 6) is denied as moot.
Dated this 15th day of March, 2011.