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Davies v. Equifax Inc.

United States District Court, E.D. California
Sep 29, 2010
NO. CIV. S-10-1339 FCD/GGH (E.D. Cal. Sep. 29, 2010)

Opinion

NO. CIV. S-10-1339 FCD/GGH.

September 29, 2010


MEMORANDUM AND ORDER


This matter is before the court on plaintiffs Matthew Davies and Molly Thompson's ("plaintiffs") motion to amend their complaint to add the following defendants: National City Mortgage Company dba PNC Mortgage Company, National City Bank dba PNC Mortgage Company, PNC Bank, National Association dba PNC Mortgage Company and PNC Mortgage Company. Plaintiffs move to amend pursuant to Federal Rule of Civil Procedure 15(a) on the ground that they only recently discovered these defendants' involvement in the alleged wrongdoing. Current defendants Experian Information Solutions, Inc. and Trans Union LLC filed statements of non-opposition to the motion. (Docket #s 28, 29.) Equifax, Inc., also a presently named defendant, did not respond to the motion, which the court construes as a non-opposition to the motion.

Because oral argument will not be of material assistance, the court orders this matter submitted on the briefs. E.D. Cal. L.R. 230(g).

Because a pretrial scheduling order is in place (Docket #24), the court construes the motion under Federal Rule of Civil Procedure 16(b), which requires plaintiffs demonstrate "good cause" to permit the instant amendment of their pleading.

Considering defendants' non-opposition to the motion and finding good cause to permit the amendment as plaintiffs acted diligently in moving to amend, the court HEREBY GRANTS plaintiffs' motion. Fed.R.Civ.P. 16(b). Plaintiffs shall file their first amended complaint within 10 days of the date of this order. Defendants shall have 20 days after service thereof to file a response.

IT IS SO ORDERED.

DATED: September 28, 2010


Summaries of

Davies v. Equifax Inc.

United States District Court, E.D. California
Sep 29, 2010
NO. CIV. S-10-1339 FCD/GGH (E.D. Cal. Sep. 29, 2010)
Case details for

Davies v. Equifax Inc.

Case Details

Full title:MATTHEW DAVIES and MOLLY THOMPSON, Plaintiffs, v. EQUIFAX INC., a…

Court:United States District Court, E.D. California

Date published: Sep 29, 2010

Citations

NO. CIV. S-10-1339 FCD/GGH (E.D. Cal. Sep. 29, 2010)