Opinion
No. C 07-01678 SBA (PR).
February 20, 2009
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL COMPLAINT (Docket no. 7)
Before the Court is Plaintiff's request for leave to file a supplemental complaint "adding several parties and supplemental events having `some relationship' to the claims in the original complaint." (Mot. for Leave to Am. at 1.)
A plaintiff may amend his complaint once as a matter of course at any time before a responsive pleading is served. See Fed.R.Civ.P. 15(a). Where a plaintiff seeks to amend after a responsive pleading has already been served, however, the decision whether to grant leave to amend is committed to the sound discretion of the trial court. Waits v. Weller, 653 F.2d 1288, 1290 (9th Cir. 1981). Federal Rule of Civil Procedure 15(a) is to be applied liberally in favor of amendments and, in general, leave shall be freely given when justice so requires.Janicki Logging Co. v. Mateer, 42 F.3d 561, 566 (9th Cir. 1994).
The Court notes that the defendants in this action have not been served at this time. Plaintiff may as a matter of course amend his complaint because a responsive pleading has not yet been served. See Fed.R.Civ.P. 15(a). Accordingly, Plaintiff's motion for leave to file a supplemental complaint is GRANTED.
The Clerk of the Court is directed to file the document attached to Plaintiff's motion, which is labeled "Proposed Supplemental Complaint for Violations Under 42 U.S.C. § 1983," and docket the aforementioned document as Plaintiff's "Supplemental Complaint." The Clerk is further directed to mark the Supplemental Complaint as filed on May 19, 2008, the date it was received by the Court. The Court will review Plaintiff's original and supplemental complaints in a separate written Order.
This Order terminates Docket no. 7.
IT IS SO ORDERED.