Opinion
20-cv-00371-JLS-MSB
10-28-2021
ARTHUR THOMPSON, an individual, and on behalf of others similarly situated, Plaintiffs, v. NSC TECHNOLOGIES, LLC, et al., Defendants.
ORDER GRANTING JOINT MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
[ECF NO. 57]
HON. JANIS L. SAMMARTINO, UNITED STATES DISTRICT JUDGE
Presently before the Court is a Joint Motion for Leave to File Second Amended Complaint (ECF No. 57). In the joint motion, the parties request that the Court grant Plaintiff leave to file a Second Amended Complaint so that Plaintiff may add a cause of action for violation of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and update the operative complaint, which was filed in state court, to reflect that it is pending before this Court. (Id. at 2.)
Federal Rule of Civil Procedure 15(a)(2) permits a party to file an amended pleading at any time before trial “with the opposing party's written consent.” Defendants here have consented in writing to Plaintiff's amending of the operative complaint, and thus, Rule 15(a)(2) permits Plaintiff to file the Second Amended Complaint. Accordingly, the Court hereby GRANTS the parties' joint motion (ECF No. 57). Plaintiff shall file the Second Amended Complaint attached to the joint motion (ECF No. 57-1 at 3-31) no later than seven days following the date of this Order.
IT IS SO ORDERED.