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Johnsen v. Harlan

United States District Court, W.D. Washington, Seattle

April 11, 2019

RICHARD LEE JOHNSEN, Plaintiff,
v.
LELAND HARLAN, et al., Defendants.

          ORDER GRANTING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND DIRECTING SERVICE

          MARY ALICE THEILER UNITED STATES MAGISTRATE JUDGE.

         This is a 42 U.S.C. § 1983 prisoner civil rights action. Currently before the Court is plaintiff's motion for leave to file an amended complaint.[1] (Dkt. 13.) Counsel for defendants has appeared but did not file an opposition to the motion. Having considered plaintiff's motion, the balance of the record and the governing law, the Court finds and ORDERS:

         (1) Plaintiff's motion for leave to amend (Dkt. 13) is GRANTED. The Court is afforded discretion to grant leave to amend and “should freely give leave when justice so requires.” Fed.R.Civ.P. 15(a)(2). The generosity in granting leave to amend is “to be applied with extreme liberality.” Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051-52 (9th Cir. 2003). Courts consider five factors when deciding whether to grant leave to amend: (1) bad faith, (2) undue delay, (3) prejudice to the opposing party, (4) futility of amendment, and (5) whether the pleading has previously been amended. United States v. Corinthian Colleges, 655 F.3d 984, 995 (9th Cir. 2011). Having screened plaintiff's proposed amended complaint (Dkt. 13 at 4-11), the Court finds no indication of bad faith, undue delay, prejudice to defendants, or futility. Although plaintiff has already amended his complaint once at the direction of the Court, the balance of the factors weighs in favor of allowing the amendment.

         (2) The Clerk is directed to file plaintiff's proposed amended complaint (Dkt. 13 at 4-11) as his second amended complaint.

         (3) Service by Clerk

         The Clerk is directed to send the following to the named defendants by first class mail: a copy of plaintiff's second amended complaint, a copy of this Order, two copies of the notice of lawsuit and request for waiver of service of summons, a waiver of service of summons, and a return envelope, postage prepaid, addressed to the Clerk's Office.

         (4) Response Required

         Defendant(s) shall have thirty (30) days within which to return the enclosed waiver of service of summons. A defendant who timely returns the signed waiver shall have sixty (60) days after the date designated on the notice of lawsuit to file and serve an answer to the complaint or a motion permitted under Rule 12 of the Federal Rules of Civil Procedure.

         A defendant who fails to timely return the signed waiver will be personally served with a summons and complaint, and may be required to pay the full costs of such service, pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure. A defendant who has been personally served shall file an answer or motion permitted under Rule 12 within twenty-one (21) days after service.

         (5) Filing and Service by Parties, Generally

         All attorneys admitted to practice before this Court are required to file documents electronically via the Court's CM/ECF system. Counsel are directed to the Court's website, www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF. All non-attorneys, such as pro se parties and/or prisoners, may continue to file a paper original with the Clerk. All filings, whether filed electronically or in traditional paper format, must indicate in the upper right hand corner the name of the magistrate judge to whom the document is directed.

         For any party filing electronically, when the total of all pages of a filing exceeds fifty (50) pages in length, a paper copy of the document (with tabs or other organizing aids as necessary) shall be delivered to the Clerk's Office for chambers. The chambers copy must be clearly marked with the words “Courtesy Copy of Electronic Filing for Chambers.” Any document filed with the Court must be accompanied by proof that it has been served upon all parties that have entered a notice of appearance in the underlying matter.

         (6) Motions, Generally

         Any request for court action shall be set forth in a motion, properly filed and served. Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a part of the motion itself and not in a separate document. The motion shall include in its caption (immediately below the title of the motion) a designation ...


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