Chavez
Chavez v. Shimmick Construction Company, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 RICHARD CHAVEZ, Case No. 20-cv-594-MMA (AHG)
Plaintiff,
ORDER GRANTING PLAINTIFF’S
v. EX PARTE MOTION FOR LEAVE
TO FILE A FIFTH AMENDED
SHIMMICK CONSTRUCTION
COMPLAINT
COMPANY, INC., et al., 13 Defendants. [Doc. No. 24] 14 15 Richard Chavez (“Plaintiff”) moves ex parte for leave to file a Fifth Amended Complaint. See Doc. No. 24. Plaintiff’s counsel declares that he spoke with Defendants’ counsel before filing the instant motion and that Defendants’ counsel do not oppose the motion. See Easley Decl., Doc. No 24-2 ¶¶ 2. Federal Rule of Civil Procedure 15 governs amendment of pleadings. If a party has already amended a pleading as a matter of course, the party seeking further amendment “may amend its pleading only with the opposing party’s written consent or the court’s leave. The court should freely give leave when justice so requires.” Fed. R. Civ. P. 15(a)(2). This rule reflects an underlying policy that disputes…