Opinion
2:22-cv-00893-JHC
07-25-2023
ALEXANDRIA L. ERWIN and IVAN J. JOHNSON LUCIANO, Plaintiffs, v. OBI SEAFOODS, LLC, Defendant.
SCHROETER, GOLDMARK & BENDER CARSON PHILLIPS-SPOTTS, ELIZABETH HANLEY, KAREN A. KLEIN, LAW OFFICES OF KAREN A. KLEIN ATTORNEYS FOR PLAINTIFFS LITTLER MENDELSON, P.C. NINA STROESCU, ALYESHA A. DOTSON, ATTORNEYS FOR DEFENDANT OBI SEAFOODS, LLC
SCHROETER, GOLDMARK & BENDER CARSON PHILLIPS-SPOTTS, ELIZABETH HANLEY, KAREN A. KLEIN, LAW OFFICES OF KAREN A. KLEIN ATTORNEYS FOR PLAINTIFFS
LITTLER MENDELSON, P.C. NINA STROESCU, ALYESHA A. DOTSON, ATTORNEYS FOR DEFENDANT OBI SEAFOODS, LLC
JOINT MOTION FOR LEAVE TO AMEND PLAINTIFFS' COMPLAINT AND ORDER GRANTING MOTION FOR LEAVE TO AMEND COMPLAINT
NOTE ON MOTION CALENDAR: JULY 25, 2023
Hon. John H. Chun Judge
Plaintiffs Alexandria L. Erwin and Ivan J. Johnson Luciano (“Plaintiffs”) and Defendant OBI Seafoods, LLC (“Defendant”) respectfully request that this Court grant leave for Plaintiffs to amend their Complaint to remove their request for economic damages.
Plaintiffs initially filed their complaint on June 24, 2022, alleging Defendant discriminated and retaliated against them during their employment. Complaint, Dkt. # 1. Defendant denied Plaintiffs' allegations. Answer, Dkt. # 8. Although Plaintiffs initially requested economic damages, they have agreed to withdraw this request. See Plaintiffs' Motion to Quash, Dkt. # 23 at 3. A copy of Plaintiffs' proposed Amended Complaint for Damages, which is revised to remove their request for economic damages in this action, is attached hereto as Exhibit A. Defendants have agreed to jointly move the court to permit Plaintiffs to file the amended complaint.
When more than 21 days have elapsed since the service of a complaint and a responsive pleading has been filed, “a party may amend its pleading only with the opposing party's written consent or the court's leave. The Court should freely give leave when justice so requires.” Fed.R.Civ.P. 15(a)(2). Here, Defendant has stipulated to Plaintiffs amending their complaint and has agreed to jointly move for the amendment. Plaintiffs should be permitted to file their amended complaint, a red-lined copy of which is attached as Exhibit A. Defendant should be permitted to file its answer within 21 days of the filing of Plaintiffs' Amended Complaint. The parties respectfully request that the Court enter the proposed order below granting leave for amendment.
ORDER
The Court having reviewed the foregoing Joint Motion for Leave to Amend Plaintiffs' Complaint and the Defendant having agreed to the amendment, therefore:
It is hereby ORDERED that Plaintiffs are granted leave to file their Amended Complaint for Damages, a copy of which is attached hereto as Exhibit A.
It is also ORDERED that Defendant shall have 21 days after the filing of Plaintiffs' Amended Complaint to file any response thereto.
IT IS SO ORDERED