Oakley, Inc. v. Elite Tek

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 OAKLEY, INC., Case No.: 18cv2609-LAB (KSC) Plaintt, ORDER GRANTING MOTION FOR

V. LEAVE TO FILE AMENDED

ELITE TEK, et al. COUNTERCLAIMS [Dkt. 24] Defendants. 13 Defendant and Counter-Claimant Elite Tek seeks leave to file amended 15 |! counterclaims against Plaintiff and Counter-Defendant Oakley, Inc. Rule 15(a)(2) requires that “the Court. . . freely give leave [to amend] when justice so requires.” Among 17 || the reasons for denying leave are “undue delay, bad faith or dilatory motive on the part of movant, repeated failure to cure deficiencies by amendments previously allowed, 19 || undue prejudice to the opposing party by virtue of allowance of the amendment, [and] 20 || futility of amendment ....” Schlacter-Jones v. Gen. Tel. of California, 936 F.2d 435, 443 21 || (9th Cir. 1991). None of those apply here, as this is Elite…