The following excerpt is from Rang Dong Joint Stock Co. v. J.F. Hillebrand USA, Inc., No. 2:18-cv-003195-KJM-KJN (E.D. Cal. 2020):
Of the five factors, two are given considerable weight: prejudice to the opposing party and futility of amendment. See id. at 1052 ("[I]t is the consideration of prejudice to the opposing party that carries the greatest weight."); Bonin v. Calderon, 59 F.3d 815, 845 (9th Cir. 1995) ("[E]ach [factor] is not given equal weight. Futility of amendment can, by itself, justify the denial of a motion for leave to amend."). Given their importance, the court considers these two factors first.
(1) Prejudice to Hillebrand and Futility of Amendment
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