In re HIV Antitrust Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STALEY, et al., Case No. 19-cv-02573-EMC

ORDER GRANTING END-PAYOR

Plaintiffs, PLAINTIFFS’ MOTION TO AMEND v. Docket No. 710

GILEAD SCIENCES, INC., et al.,

Defendants.

13 14 Currently pending before the Court is the end-payor plaintiffs (“EPPs”) motion for leave to amend. The EPPs seek to add a new named plaintiff to the complaint, i.e., Blue Cross Blue Shield Association (“BCBSA”). Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby GRANTS the motion. I. DISCUSSION A. Legal Standard As an initial matter, the Court acknowledges that there is a dispute between the parties as to which rule governs the pending motion to amend – Federal Rule of Civil Procedure 15, which provides that a “court should freely give leave when justice so requires,” Fed. R. Civ. P. 15(a)(2), or Rule 16, which provides…