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Murphy v. CTX Mortgage Company, LLC

United States District Court, E.D. California
Dec 10, 2010
2:10-cv-01435-GEB-DAD (E.D. Cal. Dec. 10, 2010)

Opinion

2:10-cv-01435-GEB-DAD.

December 10, 2010


ORDER GRANTING PLAINTIFFS' MOTION TO FILE SECOND AMENDED COMPLAINT

This matter is deemed suitable for decision without oral argument. E.D. Cal. R. 230(g).


On October 20, 2010, Plaintiffs filed a motion for leave to file the Second Amended Complaint attached to their motion, under Federal Rule of Civil Procedure ("Rule") 15(a)(2). (ECF No. 23.) Defendants failed to file an opposition or statement of non-opposition to Plaintiffs' motion as required by Local Rule 230(c). Rule 15(a)(2) prescribes that "[t]he court should freely give leave [to amend] when justice so requires." "This [leave] policy is `to be applied with extreme liberality.'" Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003) (citations omitted). Since the motion is unopposed, and in light of the stage of the proceeding, Plaintiffs' motion for leave to file the Second Amended Complaint is GRANTED. Plaintiffs have five days leave from the date on which this order is filed to file the amended complaint.

Dated: December 10, 2010


Summaries of

Murphy v. CTX Mortgage Company, LLC

United States District Court, E.D. California
Dec 10, 2010
2:10-cv-01435-GEB-DAD (E.D. Cal. Dec. 10, 2010)
Case details for

Murphy v. CTX Mortgage Company, LLC

Case Details

Full title:TIMOTHY MURPHY and JULIE HENDRIX, as individuals, Plaintiffs, v. CTX…

Court:United States District Court, E.D. California

Date published: Dec 10, 2010

Citations

2:10-cv-01435-GEB-DAD (E.D. Cal. Dec. 10, 2010)