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Harris v. Costco Wholesale Corporation

United States District Court, N.D. California
Apr 26, 2011
Case No.: C 10-04626 CW (N.D. Cal. Apr. 26, 2011)

Opinion

Case No.: C 10-04626 CW.

April 26, 2011

William L. Veen, Esq., S.B. # 043150, THE VEEN FIRM, P.C., San Francisco, CA, San Francisco, CA.

Robert B. Abel, Jr. Esq. S.B. # 141405, LAW OFFICES OF ROBERT B. ABEL, JR., San Francisco, CA, Attorneys for Plaintiffs RUTHELLEN HARRIS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF ROBERT JEAN HARRIS, HEATHER HARRIS, JAMIE HARRIS AND GREG HARRIS.


ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT


On March 14, 2011, Plaintiffs Ruthellen Harris, individually and as personal representative of Robert Jean Harris, Heather Harris, Jamie Harris and Greg Harris ("Plaintiffs") submitted Plaintiffs' Notice of Motion and Motion for Leave to File First Amended Complaint ("Motion"). Attached to the Motion as Exhibit 1 was Plaintiff's First Amended Complaint. Plaintiffs' First Amended Complaint adds the defendant Quantum Foods, LLC ("Quantum"). There are no other changes in the First Amended Complaint. The causes of actions and allegations remain the same.

Attached to the Motion as Exhibit 2 was the Stipulation to File First Amended Complaint ("Stipulation"). The previously-named defendants Costco Wholesale Corporation, Warehouse Demo Services, Inc., Cargill Meat Solutions Corporation, and Fresh Choice International, LLC ("Previously-Named Defendants") have stipulated to the joinder of Quantum in this matter. The Stipulation is executed by all Previously-Named Defendants in this matter.

No undue delay, bad faith or dilatory motive is evident on the part of Plaintiffs in regard to the Motion, and the amendment is not futile. There also is no undue prejudice to new defendant Quantum or the Previously-Named Defendants.

For these reasons, Plaintiffs' Motion for Leave to File Amended Complaint is GRANTED and Plaintiffs' Amended Complaint attached to the Motion as Exhibit 1 is deemed filed .

The Rules provide at Federal Rules of Civil Procedure, Rule 15(a)(3) that defendant Quantum Foods, LLC shall have fourteen (14) days from the date the First Amended Complaint is served to file its answer. The amendment is not likely to affect Previously-Named Defendants' Answers previously filed in this matter. In the event that Previously-Named Defendants elect to file an Answer to the First Amended Complaint, they are bound by the requirements of F.R.C.P., Rule 15(a)(3) that the answer must be filed within fourteen days of the date the First Amended Complaint is served. If the Previously-Named Defendants choose not to do so, their respective Answers already filed will be deemed their Answer to the First Amended Complaint.


Summaries of

Harris v. Costco Wholesale Corporation

United States District Court, N.D. California
Apr 26, 2011
Case No.: C 10-04626 CW (N.D. Cal. Apr. 26, 2011)
Case details for

Harris v. Costco Wholesale Corporation

Case Details

Full title:RUTHELLEN HARRIS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF ROBERT…

Court:United States District Court, N.D. California

Date published: Apr 26, 2011

Citations

Case No.: C 10-04626 CW (N.D. Cal. Apr. 26, 2011)