Franz

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

ASHLEY FRANZ, individually and on CASE NO. 14cv2241-LAB (AGS) behalf of others similarly situated, ORDER GRANTING MOTION FOR Plaintiff, LEAVE TO AMEND [Dkt. 86] 13 vs.

BEIERSDORF, INC.,

Defendan t. Plaintiff Ashley Franz seeks leave to amend her complaint to substitute a new plaintiff, Stacie Somers, in her place. Dkt. 86. Because more than 21 days have passed since Defendant Beiersdorf responded to Franz’s complaint, she may not unilaterally amend at this stage. Fed. R. Civ. P. 15(a)(2). But the Federal Rules are clear that “the court should freely give leave [to amend] when justice so requires.” Id. In situations like this, where the original plaintiff’s health might affect his or her ability to adequately represent the class, courts routinely permit substitution of class plaintiffs. See, e.g., Hinojos v. Kohl’s Corp. 2013 WL 5835780, at *2 (C.D. Cal. 2013); Thorn v. Bob Evans Farms, LLC, 2013 WL 2456336, at *2 (S.D. Ohio 2013). The Court finds good cause…