Opinion
NO. CIV. S-11-1615 LKK/CKD
10-29-2012
LILIANA CARDENAS, on Behalf of Herself and All Other Similarly Situated California Residents, Plaintiff, v. NBTY, INC., a Delaware corporation and REXALL SUNDOWN, INC., a Florida corporation, Defendants.
ORDER
Pending before the court in the above-captioned case is Plaintiff's motion for leave to file a third amended complaint. Pl's Mot., ECF No. 62.
Plaintiff seeks leave to amend to "add an additional plaintiff, modify the class definition[,] and add claims for violations of Illinois's consumer protection statute." Id. at 2.
Federal Rule of Civil Procedure 15(a) provides that leave to amend shall be "freely give[n] when justice so requires." Fed. R. Civ. Proc. 15(a).
Defendants have filed a statement of non-opposition to Plaintiff's motion. Def's Statement, ECF No. 64.
Good cause appearing, the court GRANTS Plaintiff's motion for leave to file a third amended complaint, ECF No. 62.
The motion hearing currently set for November 5, 2012 at 10:00 A.M. is VACATED.
Plaintiff's third amended complaint SHALL be filed and served on Defendants within seven (7) days of entry of this order.
IT IS SO ORDERED.
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LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT