Niemeyer v. Ford Motor Company

Full title: KATHRYN A. NIEMEYER, Plaintiff, v. FORD MOTOR COMPANY, et al., Defendants

Court: United States District Court, D. Nevada

Date published: Jun 22, 2010

2:09-CV-2091 JCM (PAL) (D. Nev. Jun. 22, 2010)

Opinion

2:09-CV-2091 JCM (PAL).

June 22, 2010

ORDER

JAMES MAHAN, District Judge

Presently before the court is plaintiffs' motion for leave to amend their complaint against defendants (Doc. #36). Defendants Autoliv ASP, Inc. and Ford Motor Company filed a joint notice of non-opposition (Doc. #37).

Any party may amend its pleadings by leave of court after a responsive pleading has been filed. Fed.R.Civ.P. 15(a)(2). Leave of court to amend should be freely given when justice so requires and when there is no undue delay, bad faith or dilatory motive on the part of the moving party. See DCD Programs, LTD v. Leighton, 883 F.2d 183 (9^th Cir. 1987); Gabrielson v. Montgomery Ward Co., 785 F.2d 762 (9^th Cir. 1986).

Here, plaintiffs request leave to amend their complaint in order to dismiss defendants Autoliv, ASP, Inc. and Morton International, Inc., and also to clarify the allegations against the remaining defendants. However, the court notes that defendant Morton International, Inc. was already dismissed from this action on December 7, 2009 (Doc. #17). Nevertheless, for the remaining reasons provided by plaintiffs and good cause appearing,

IT IS ORDERED, ADJUDGED, AND DECREED that plaintiffs' motion for leave to amend complaint (Doc. #36) is GRANTED.

IT IS FURTHER ORDERED that defendant Autoliv, ASP, Inc., is dismissed from this case.