(PC) Solis v. Gonzales

Good Law
United States District Court, Eastern District of CaliforniaOctober 21, 20191:18-cv-00015California470 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ROBERT O. SOLIS, Case No.: 1:18-cv-00015-LJO-JLT (PC)

Plaintiff, ORDER GRANTING DEFENDANT’S

MOTION FOR LEAVE TO FILE FIRST

v. AMENDED ANSWER

ROSA GONZALES, (Docs. 22, 27)

Defendant.

16 17 Defendant Rosa Gonzales filed an answer to Plaintiff’s complaint on July 1, 2019. (Doc. 22.) On September 30, 2019, Defendant filed a motion seeking leave to file a first amended answer pursuant to Fed. R. Civ. P. 15. (Doc. 27.) The defendant claims that “[n]ew evidence obtained during discovery provides a basis” for the affirmative defense of failure to exhaust administrative remedies. Defendants wish to file an amended answer that includes this defense. The deadline for Plaintiff to file an opposition or a statement of non-opposition to Defendant’s motion has not yet passed; however, the Court finds that neither is necessary here and deems the motion submitted. According to Rule 15, the “court should freely give…

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