Strezsak
Strezsak v. Ardelyx Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 Case No. 21-cv-05868-HSG
In re Ardelyx, Inc. ORDER GRANTING MOTION FOR
LEAVE TO FILE SECOND AMENDED
COMPLAINT Re: Dkt. No. 85
12 Before the Court is Plaintiff’s motion for leave to file a second amended complaint. Dkt. No. 85. Plaintiff seeks to add allegations based on materials released by the Food and Drug Administration related to a meeting with Defendants. See id. at 4. Under Federal Rule of Procedure 15(a)(2), “leave to amend shall be freely granted ‘when justice so requires.’” Townsend v. Univ. of Alaska, 543 F.3d 478, 485 (9th Cir. 2008) (quoting Fed. R. Civ. P. 15(a)(2)). “This policy is to be applied with extreme liberality.” Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003) (internal quotation marks omitted). The five factors relevant to determining whether leave to amend should be granted are (1) bad faith, (2) undue delay, (3)…