Blow v. Bijora, Inc.

MOTION

N.D. Ill.April 22, 2013

IN THE UNITED STATES DISCTRICT COURT FOR THE NORTHER DISTRICT OF ILLINOIS EASTERN DIVISION NICOLE STRICKLER, ) on behalf of herself and the class ) members described below, ) ) Plaintiff, ) Case No. 11 CV 03468 ) v. ) ) Judge Norgle BIJORA, INC. doing business as AKIRA ) ) Defendant. ) PLAINTIFF’S MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT TO SUBSTITUTE CLASS REPRESENTATIVES Plaintiff, NICOLE STRICKLER, by and through her undersigned counsel and pursuant to Federal Rule of Civil Procedure 15, respectfully moves this Court to file a Third Amended Class Action Complaint to Substitute Class Representatives, and in support of which, states as follows: 1. Plaintiff filed the instant action on May 24, 2011 as a result of the unlawful telemarketing actions of Defendant, Bijora, Inc. 2. On November 4, 2011, Plaintiff filed her amended complaint, which narrowed her class action claims against Defendant. 3. On April 3, 2013 Plaintiff filed her second amended complaint, which expanded her claims to include additional wrongful acts by Defendant and added an additional Defendant, Opt It, Inc. Opt It, Inc. has been dismissed from these proceedings pursuant to settlement. Case: 1:11-cv-03468 Document #: 158 Filed: 04/22/13 Page 1 of 4 PageID #:932 4. Since that time, the parties have engaged in discovery and Plaintiff has been made aware of class members who wish to substitute in and serve as class representatives in this matter. 5. Further, this Court has advised Plaintiff’s counsel that Plaintiff, Nicole Strickler, as a Partner at Messer & Stilp, Ltd., may not be the proper plaintiff to represent the certified class if Messer & Stilp, Ltd continues to serve as class counsel in this matter. Plaintiff was granted leave to substitute class representatives on February 15, 2013. See, D.E. 156. 6. Plaintiff now wishes to amend her complaint to expand upon her claims as well as the class claims and substitute Jennifer Glasson and Nicole Lee Blow as Plaintiffs and class representatives in this matter. 7. Federal Rule 15 provides that a party may amend its pleading once as a matter of course at any time before a responsive pleading is served; “[o]therwise, a party may amend the party’s pleading only by leave of court . . . and leave shall be freely given when justice so requires.” Fed. R. Civ. P. 15. As the Defendant has filed a responsive pleading in this matter, leave of Court is required. 8. This Court should allow the amended pleading, as attached hereto as Exhibit A, in this case as justice so requires. WHEREFORE, Plaintiff, NICOLE STRICKLER, moves this Court to grant her leave to file her Third Amended Complaint to Substitute Class Representative in this matter. Case: 1:11-cv-03468 Document #: 158 Filed: 04/22/13 Page 2 of 4 PageID #:933 DATED: April 22, 2013 Respectfully Submitted: NICOLE STRICKLER, By:/s/ Dana Perminas Attorney for Plaintiffs Dana Perminas Messer & Stilp, Ltd. 166 W. Washington, Suite 300 Chicago, Illinois 60602 (312) 334-3476 Perminas@messerstilp.com Attorney No. 6298057 Case: 1:11-cv-03468 Document #: 158 Filed: 04/22/13 Page 3 of 4 PageID #:934 CERTIFICATE OF SERVICE I hereby certify that on April 22, 2013, I electronically filed the foregoing with the Clerk of the District Court using the CM/ECF system, which will send notification of such filing to the following: James Kenneth Borcia Tressler LLP 233 South Wacker Drive 22nd Floor Chicago, IL 60606-6308 (312) 627-4000 Email: jborcia@tresslerllp.com By:/s/ Dana Perminas Attorney for Plaintiffs Dana Perminas Messer & Stilp, Ltd. 166 W. Washington, Suite 300 Chicago, Illinois 60602 (312) 334-3476 Perminas@messerstilp.com Attorney No. 6298057 Case: 1:11-cv-03468 Document #: 158 Filed: 04/22/13 Page 4 of 4 PageID #:935