Plaintiff complied with the local rules by mailing written notice to the nonmoving parties the same day that the order granting leave to file the amended complaint was entered. Thus, plaintiff met the notice requirements of the local rules, and notice was given to the nonmoving parties. It is noteworthy that Dr. Charnoud and the hospital waived any objections to the lack of notice on plaintiff's motion for leave to amend his complaint, by filing answers to plaintiff's amended complaint before Dr. Pho filed his motion to dismiss. Also, Dr. Charnoud obtained leave and filed an amended motion for summary judgment after plaintiff filed his amended complaint. These actions by Dr. Charnoud and the hospital waived any problem regarding notice to them.
Defendant makes no argument that plaintiff failed to comply with the rules of procedure.
Most importantly, we discern no prejudice to the nonmoving parties in allowing plaintiff's ex parte motion for leave to amend his complaint. Both Dr. Charnoud and the hospital were present at the hearing on Dr. Pho's motion to dismiss. They had an opportunity to raise objections to plaintiff's motion for leave to amend, and they did not object. In fact, both claimed they had no position on the issue. Because there was no prejudice to the nonmoving parties, there was no due process violation.