HEARING ON MOTION FOR LEAVE TO FILE AN AMENDED ANSWER

FILED BY VEOLIA WATER WEST OPERATING SERVICES, INC.

* TENTATIVE RULING: *

Before the Court is Defendant, Veolia Water West Operating Services, Inc.’s (“Veolia”), Motion for Leave to File an Amended Answer to Plaintiff’s First Amended Complaint (“Motion for Leave to Amend”). The Motion for Leave to Amend is granted as further explained below. By the Motion for Leave to Amend, Veolia seeks to amend its Answer to add an affirmative defense. Plaintiff, Town of Discovery Bay Community District (“Town”), claims it will be prejudiced due to Veolia’s alleged delay in seeking amendment, and due to the Town’s inability to depose the Town’s former employee, Robert Abbadie (“Mr. Abbadie”), whom the Town has previously deposed. The Town offers no further basis for prejudice.

The Town argues that the Motion for Leave to Amend is untimely. However, a trial date has not yet been set, and there is ample time for the Town to conduct additional di