Saidwal
Saidwal v. Flagship
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BIBI NOHIA SAIDWAL, Case No. 19-cv-08211-JSW
Plaintiff,
ORDER DENYING MOTION FOR
v. LEAVE TO AMEND
FLAGSHIP, Re: Dkt. No. 68 Defendant.
12 This case has been stayed pending arbitration. On November 3, 2022, Plaintiff filed a motion for leave to amend her complaint to include a claim for sexual harassment. The Court has considered the parties’ papers, relevant legal authority, and the record in this case, and for the reasons that follow it HEREBY DENIES Plaintiff’s motion. ANALYSIS Under Federal Rule of Civil Procedure 15, leave to amend should be granted freely. The five factors commonly used to evaluate the propriety amendment are: (1) undue delay, (2) bad faith or dilatory motive on the part of the movant, (3) repeated failure of previous amendments, (4) undue prejudice to the opposing party, and (5) futility of the amendment. See Foman v. Davis, 371 U.S. 178, 182 (1962). …