AllRounds, Inc. v. eShares, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ALLROUNDS, INC., Case No. 20-cv-07083-VC

Plaintiff,

ORDER GRANTING MOTION FOR

v. LEAVE TO FILE A THIRD

AMENDED COMPLAINT AND

ESHARES, INC., et al., DENYING MOTION TO SEAL Defendants. Re: Dkt. No. 163, 173, 177

AllRounds seeks permission to amend its complaint to add a new defendant, Draper Associates VI, and willful infringement allegations against Carta. Because leave to amend should be freely granted when justice requires and none of the defendants have identified prejudice that would result if the Court permits the amendments, AllRounds’ motion is granted.1 See Fed. R. Civ. P. 15(a)(2); Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003) (prejudice “carries the greatest weight” (citing DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 185 (9th Cir. 1987))). The venture capital defendants do not contend that adding Draper Associates VI as a defendant would prejudice them. Instead, they maintain that the amendment is untimely and futile. After the initial complaint was filed, the venture capital defendants told AllRounds that a

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