Castillo-Antonio
Castillo-Antonio v. Darweesh
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSE DANIEL CASTILLO-ANTONIO, Case No. 19-cv-03434-JSC
Plaintiff,
ORDER RE: PLAINTIFF’S MOTION
v. TO AMEND THE COMPLAINT TO
ADD DEFENDANT
ARIKAT DARWEESH, et al., Re: Dkt. No. 8 Defendants.
Now before the Court is Plaintiff’s motion to amend the complaint to add a defendant.1 (Dkt. No. 8.) The motion is unopposed and oral argument is scheduled for December 5, 2019. Having considered the motion, the Court vacates the hearing, see N.D. Cal. Civ. L.R. 7-1(b), and terminates the motion because it is unnecessary at this stage of the proceedings. As the named defendants have yet to appear in this action despite being served and have thus not filed a responsive pleading, Plaintiff may “amend as a right” pursuant to Federal Rule of Civil Procedure 15(a). See Ramirez v. Cty. of San Bernardino, 806 F.3d 1002, 1007-08 (9th Cir. 2015) (noting that where a responsive pleading is required from defendants, a plaintiff has the right to amend “within…