Counts

(PS) Smith v. Counts

Good Law
United States District Court, Eastern District of CaliforniaMarch 9, 20222:20-cv-02441California909 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TREVOR L. SMITH, Case No. 2:20-cv-2441-TLN-JDP (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

TO AMEND THE COMPLAINT AND

v. PLAINTIFF’S MOTION TO SET ASIDE

DEFAULT AS TO DEFENDANT BENNETT

PAUL COUNTS, et al., ECF Nos. 53, 61 Defendants.

16 Plaintiff has filed a motion for leave to amend the complaint along with a proposed second amended complaint. ECF No. 61. Plaintiff has also filed a motion to set aside the clerk’s entry of default as to defendant Bennett. ECF No. 53. For the reasons herein, I will grant both motions. Motion for Leave to Amend the Complaint Plaintiff seeks the court’s leave to amend his complaint. ECF No. 61. Leave to amend should be “freely” given. Fed. R. Civ. P. 15(a)(2). In determining whether to grant leave to amend, the court considers five factors: “(1) bad faith; (2) undue delay; (3) prejudice to the opposing party; (4) futility of amendment; and (5)…

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