Kissner v. Loma Prieta Joint Union School District

[3] 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION [7] 8 DAVID M. KISSNER, Case No. 22-cv-00949-VKD 9 Plaintiff, ORDER GRANTING MOTION FOR 10 v. LEAVE TO FILE SECOND AMENDED COMPLAINT 11 LOMA PRIETA JOINT UNION SCHOOL DISTRICT, et al., Re: Dkt. No. 11 [12] Defendants. [13] 14 On February 16, 2022, plaintiff David Kissner sued the Loma Prieta Joint Union School 15 District and several school officials pursuant to 42 U.S.C. § 1983 for retaliating against him in 16 violation of his First Amendment right to engage in political speech and for related violations of 17 state law. Dkt. No. 1. On March 8, 2022, Mr. Kissner filed an amended complaint. Dkt. No. 8. 18 Mr. Kissner now moves for leave to file a second amended complaint pursuant to Federal Rule of 19 Civil Procedure 15(a). Dkt. No. 11. No defendant has yet appeared in the action. 20 Rule 15(a) provides that “[t]he court should freely give leave [to amend a complaint] when 21 justice so requires.” Fed. R. Civ. P. 15(a)(2). The decision whether to grant leave to amend is 22 committed to the sound discretion of the trial court. Waits v. Weller, 653 F.2d 1288, 1290 (9th 23 Cir. 1981). Leave need not be granted where the amendment would cause the opposing party 24 undue prejudice, is sought in bad faith, constitutes an exercise in futility, or creates undue delay. 25 Foman v. Davis, 371 U.S. 178, 182 (1962). “Absent prejudice, or a strong showing of any of the 26 remaining Foman factors, there exists a presumption under Rule 15(a) in favor of granting leave to 27 amend.” Eminence Capital LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003). 1 second amended complaint (Dkt. No. 11-3), the Court finds that the second amended complaint’s 2 || proposed amendments clarify and correct the prior pleading and do not add claims or parties. 3 These amendments are not sought in bad faith and will not create undue delay. For these reasons, 4 and given the early stage of these proceedings, no defendant will be prejudiced by the proposed 5 amendments. 6 Accordingly, the Court grants Mr. Kissner’s motion for leave to file a second amended 7 complaint. Mr. Kissner shall file the second amended complaint separately no later than March 8 || 21, 2022. 9 IT IS SO ORDERED. 10 Dated: March 17, 2022 [11] «8 a (12 VIRGINIA K. DEMARCHI 13 United States Magistrate Judge © [16] = 17 Z 18