Nixon v. Early Warning Services LLC et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Dante Nixon,
Plaintiff,
v.
Early Warning Services LLC, et al.,
Defendants.
No. CV-25-03844-PHX-MTL
ORDER
Before the Court are Plaintiff’s Motion for Leave to File Amended Complaint
(Doc. 5) and the parties’ Stipulation for Extension of Time to Answer Complaint (Doc. 22).
Because this case does not fall within the categories set out in Federal Rule of Civil
Procedure 15(a)(1), Plaintiff “may amend its pleading only with the opposing party’s
written consent or the court’s leave.” Fed. R. Civ. P. 15(a)(2). A district court has discretion
whether to grant or deny leave to amend. Forman v. Davis, 371 U.S. 178, 182 (1962).
Leave should be freely given “when justice so requires.” Fed. R. Civ. P. 15(a)(2). But leave
is not required when amending the complaint “would cause the opposing party undue
prejudice, is sought in bad faith, constitutes an exercise in futility, or creates undue delay.”
Ascon Props., Inc. v. Mobil Oil Co., 866 F.2d 1149, 1160 (9th Cir. 1989). Because no
defendant has filed an opposition, the Court will grant Plaintiff’s Motion for Leave to File
Amended Complaint (Doc. 5).
Since there will be a new operative complaint, the Court will deny as moot the
stipulation to extend the time for Defendant Early Warning Services LLC to respond to the
Case 2:25-cv-03844-MTL Document 23 Filed 12/16/25 Page 1 of 2

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complaint (Doc. 22). The Court will set January 8, 2026—Early Warning Services’
requested deadline to respond to the original complaint—as the deadline for all defendants
to respond to the amended complaint.
IT IS THEREFORE ORDERED that Plaintiff’s motion (Doc. 5) is GRANTED.
Plaintiff’s First Amended Complaint, attached as Exhibit A to Plaintiff’s motion
(Doc. 5-1), may be filed with the Court no later than December 19, 2025, pursuant to
LRCiv 15.1.
IT IS FURTHER ORDERED that the stipulation (Doc. 22) is DENIED as moot.
IT IS FINALLY ORDERED that all Defendants must file a response to the
amended complaint no later than January 8, 2026.
Dated this 16th day of December, 2025.
Case 2:25-cv-03844-MTL Document 23 Filed 12/16/25 Page 2 of 2