Najafianashrafi

DISCUSSION

26 Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend its pleading 27 once as a matter of course at any time before a responsive pleading is served. Fed. R. Civ. P. 28 15(a). Otherwise, a party may amend only by leave of the court or by written consent of the adverse party, and leave shall be freely given when justice so requires. Id. “Rule 15(a) is very liberal and leave to amend shall be freely given when justice so requires.” AmerisourceBergen Corp. v. Dialysist West, Inc., 465 F.3d 946, 951 (9th Cir. 2006) (citation and quotation omitted). However, courts “need not grant leave to amend where the amendment: (1) prejudices the opposing party; (2) is sought in bad faith; (3) produces an undue delay in litigation; or (4) is futile.” Id. As Plaintiff had previously filed his first amended complaint, he is required to seek leave of the Court or obtain written consent of the adverse parties to further amend his complaint. Fed. R. Civ. P. 15(a). The Court therefore construes Plaintiff’s lodging of a second amended complaint as a motion for leave to amend his first amended complaint. (Doc. 9.) In…