Safeco Insurance Company of America v. Sunbeam Corporation Doc.

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Case 3:05-cv-01974-PJH Document 46 Filed 04/05/2006 Page 1 of 2

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8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
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11 SAFECO INSURANCE COMPANY OF )
AMERICA, )
12 ) No. C05-1974 BZ
Plaintiff(s), )
13 ) ORDER GRANTING LEAVE TO FILE
v. ) SECOND AMENDED COMPLAINT
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SUNBEAM CORPORATION, and )
15 DOES 1-25, )
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16 Defendant(s). )
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18 On February 17, 2006, plaintiff filed a motion for leave
19 to file a second amended complaint. Defendant Sunbeam has not
20 filed an opposition, and there is no evidence of frivolity,
21 bad faith or prejudice to the other parties sufficient to
22 overcome the strong policy in favor of granting leave to amend
23 pleadings. See Fed. R. Civ. P. 15(a); Eminence Capital, LLC
24 v. Aspeon, 316 F.3d 1048, 1051 (9th Cir. 2003).
25 IT IS THEREFORE ORDERED that plaintiff’s motion for leave
26 to file the second amended complaint attached as exhibit A to
27 its motion is GRANTED. Plaintiff shall serve the complaint on
28 any additional defendants by May 1, 2006. A status conference

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 Case 3:05-cv-01974-PJH Document 46 Filed 04/05/2006 Page 2 of 2

1 is scheduled for June 12,2006. The parties shall file a joint

2 status report by June 5, 2006. The hearing on plaintiff’s
3 motion for leave to file a second amended complaint presently
4 scheduled for April 5, 2006, is VACATED.
5 Dated: April 5, 2006
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7 Bernard Zimmerman
United States Magistrate Judge
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9 G:\BZALL\-BZCASES\SAFECO\AMENDEDCOMPL.ORD.wpd

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