Cont'l Cars, Inc. v. Mazda Motor of America, Inc.

2 Citing cases

  1. Deakin v. Magellan Health, Inc.

    1:17-CV-00773-WJ-KK (D.N.M. Oct. 16, 2019)   Cited 4 times
    Granting a motion for leave to amend the complaint and concluding that the amended complaint related back to the original complaint under Rule 15(c)(B) where the plaintiffs had asserted FLSA claims for unpaid overtime wages in the original complaint and sought to include state-law individual and class action claims that arose “out of the same course of conduct-the alleged failure to pay overtime to this defined class of employees-set forth in the original complaint”

    The Court agrees with other courts that the amendment deadline would be rendered meaningless if a motion to amend filed before the deadline was held untimely. See Cont'l Cars, Inc. v. Mazda Motor of Am., Inc., Case No. C11-5266 BHS, 2012 U.S. Dist. Lexis 102875, at *4 (W.D. Wash. July 24, 2012). Accordingly, the Court finds that there was no undue delay by Plaintiff, and the motion was timely filed.

  2. Hous. Cas. Co. v. Charter Oak Fire Ins. Co.

    1:16-cv-535-LJO-EPG (E.D. Cal. Jan. 3, 2017)

    All of this weighs in favor of finding HCC's motion timely. See Continental Cars, Inc. v. Mazda Motor of Am., Inc., No. C 11-5266 BHS, 2012 WL 3023321, at *2 (W.D. Wash. July 24, 2012) ("The amended pleadings deadline would be meaningless if the Court found that an amendment was untimely when the amendment was sought before the Court's deadline."). See, e.g., McGlinchy, 845 F.2d at 805-06 (affirming denial of motion to amend made five months after court granted judgment on the pleadings on certain claims and almost two years after case filed); Jackson, 902 F.2d at 1388 (affirming denial of motion to amend that was "inexplicable and unjustified"); Parker, 848 F.2d at 121 (affirming denial of motion to amend made a year after case filed and 2.5 years after the case's underlying event occurred); In re Bekhor, 2007 WL 7532283, at *7 (9th Cir. B.A.P. Mar. 19, 2007) ("[W]e interpret 'undue delay' to mean either extreme delay or delay combined with other facts such as material prejudice or bad faith"); Allflex USA, Inc. v. Avid Identification Sys., Inc., No. 5:06-cv-1109-MRP-OP, 2010 WL 11405130, at *15 (C.D. Cal. Feb. 16, 2010) (denying motion to amend made three years