Opinion
2:19-cv-00041-RFB-NJK
08-24-2023
Bryan Holtzclaw, Plaintiff, v. Romeo Aranas in his individual capacity; Gregory Bryan in his individual capacity; Bob Faulkner in his individual capacity; Monique Hubbard-Pickett in her individual capacity; Georges-Pele Taino in his individual capacity; Nonilon Peret in her individual capacity; Gregory Martin in his individual capacity; Michael Minev in his individual capacity Defendants.
Douglas R. Rands Senior Deputy Attorney General Attorney for Defendants. Rene L. Valladares Federal Public Defender Kimberly Sandberg Assistant Federal Public Defender.
Douglas R. Rands Senior Deputy Attorney General Attorney for Defendants.
Rene L. Valladares Federal Public Defender Kimberly Sandberg Assistant Federal Public Defender.
STIPULATION AND ORDER ALLOWING PLAINTIFF TO FILE SECOND AMENDED COMPLAINT
Mr. Holtzclaw filed his First Amended Complaint on April 21, 2021. ECF No. 78. After appointing counsel, ECF No. 124, the Court issued a scheduling order expressing that he shall file a motion to amend the complaint, or an amended complaint by stipulation of the parties, by August 23, 2023. ECF No. 131 at 2.
Under Rule 15(a)(2) of the Federal Rules of Civil Procedure, which governs other amendments, “a party may amend its pleadings only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.” This rule “should be interpreted with ‘extreme liberality.'” Jackson v. Bank of Hawaii, 902 F.2d 1385, 1387 (9th Cir. 1990) (quoting United States v. Webb, 655 F.2d 977, 979 (9th Cir. 1981)).
Here, allowing amendment is appropriate given the procedural posture of the case and other factors. See, e.g., King v. Ryan, No. CV-16-00259-TUC-RM, 2019 WL 6170369, at *1-2 (D. Ariz. Nov. 20, 2019). Accordingly, it is hereby stipulated between Plaintiff and Defendants, by and through their respective counsel, that Mr. Holtzclaw should be granted leave to amend to file his Second Amended Complaint, which is attached as Exhibit A to this Motion.
IT IS SO ORDERED: