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Elizon Master Participation Trust 1 v. Saticoy Bay Llc Series 8920 El Diablo

United States District Court, D. Nevada

February 24, 2017

ELIZON MASTER PARTICIPATION TRUST 1, U.S. BANK TRUST NATIONAL ASSOCIATION, AS OWNER TRUSTEE, Plaintiff,
v.
SATICOY BAY LLC SERIES 8920 EL DIABLO, et al., Defendants.

          ORDER

          JAMES C. MAHAN, UNITED STATES DISTRICT JUDGE

         Presently before the court is plaintiff Elizon Master Participation Trust I, U.S. Bank Trust National Association, as Owner Trustee's (“Elizon”) motion to amend its amended complaint. (ECF No. 26). No opposition to this motion has been filed. Also before this court is cross-defendant Hampton & Hampton Collections LLC's (“H&H”) motion for summary judgment against cross-claimant Silverstone Ranch Community Association (“Silverstone”). (ECF No. 29). Silverstone filed a response (ECF No. 32), but H&H did not enter a reply.

         I. Motion to amend the first amended complaint

         a. Legal standard

         Federal Rule of Civil Procedure 15(a)(2) states: “[A] party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.” Moreover, “[a] district court determines the propriety of a motion to amend by ascertaining the presence of any of four factors: bad faith, undue delay, prejudice to the opposing party, and/or futility.” Griggs v. Pace Am. Grp., Inc., 170 F.3d 877, 880 (9th Cir. 1999).

         Indeed, “this determination should be performed with all inferences in favor of granting the motion.” Id. “Where there is a lack of prejudice to the opposing party and the amended complaint is obviously not frivolous, or made as a dilatory maneuver in bad faith, it is an abuse of discretion to deny [a motion to amend].” Howey v. United States, 481 F.2d 1187, 1190-91 (9th Cir. 1973).

         b. Analysis

         Plaintiff states that the proposed second amended complaint will “add[] a cause of action for misrepresentation based on acceptance of the payment of the super-priority portion of the lien. It also alleges additional facts related to all of Elizon's causes of action.” (ECF No. 26 at 5-6). Plaintiff also asserts that it offers the new complaint in order to “streamlin[e] adjudication of common facts and related issues.” (Id.).

         In light of these assertions, the lack of opposition, and upon the court's review of the proposed second amended complaint, the grant will grant this motion. Plaintiff must file its new complaint within seven days of the date of this order.

         II. Motion for summary judgment

         Next, this court considers H&H's motion for summary judgment as to some of Silverstone's crossclaims. (ECF No. 29).

         a. Legal standard

         The Federal Rules of Civil Procedure allow summary judgment when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A principal purpose of summary judgment is “to isolate and dispose of factually unsupported claims . . . .” Celotex Corp. v. Catrett, 477 U.S. 317, 323- 24 (1986).

         For purposes of summary judgment, disputed factual issues should be construed in favor of the non-moving party. Lujan v. Nat'l Wildlife Fed., 497 U.S. 871, 888 (1990). However, to be entitled to a denial of summary judgment, the non-moving party must “set ...


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