Bowerman v. International Collection Agency, LLC

Filing 19

ORDER denying 7 Motion to Dismiss and granting 18 Motion to Amend the Complaint signed by Chief Judge Morrison C. England, Jr on 2/11/15. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SARA BOWERMAN,

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No. 2:14-cv-02452-MCE-CKD

Plaintiff,
v.

ORDER

INTERNATIONAL COLLECTION
AGENCY, LLC; and DOES 1-10
INCLUSIVE,

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Defendants.

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This is an action brought by Plaintiff Sara Bowerman (“Plaintiff”) against

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Defendants International Collection Agency, LLC (“International”) and Does 1-10,

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inclusive (collectively “Defendants”), in which Plaintiff alleges two causes of action

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against Defendants for violations of the Fair Debt Collection Practices Act under 15

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U.S.C. § 1692, as well as the Fair Debt Collection Practices Act under California Civil

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Code §1788. Currently before the Court is Plaintiff’s Motion to File First Amended

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Complaint (“Motion”) (ECF No. 18). For the reasons set forth below, Plaintiff’s Motion is

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GRANTED.1

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Plaintiff allegedly incurred a financial obligation (the “Debt”) to Westgate Lakes

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Unless otherwise noted, the following facts are taken from Plaintiffs’ First Amended Complaint.
ECF No. 18-1.

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Owners Association, Inc. Defendant International attempted to collect on the Debt on

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June 17, 2014 by mailing Plaintiff a letter (the “Letter”). The Letter stated that Plaintiff

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“must” repay the Debt within forty-five (45) days, and that “failure to do so may result in

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legal action.” The Letter also included a provision acknowledging Plaintiff’s right to

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dispute the Debt within thirty (30) days of the receipt of the Letter. Plaintiff filed her

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original complaint on October 20, 2014 (ECF No. 1). Defendants filed a Motion to

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Dismiss on December 19, 2014 (ECF No. 7). Plaintiff subsequently filed a Motion to File

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First Amended Complaint on January 16, 2015 (ECF No. 18).

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Federal Rule of Civil Procedure 15(a)(2) provides that in all cases falling outside

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of the 21 day grace period following the service of the original complaint or of a

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responsive pleading or motion, “a party may amend its pleading only with the opposing

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party's written consent or the court's leave.” Plaintiff alleges that counsel for Defendant

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International consented to this Motion in writing. Mot. to File First Am. Compl. at 2.

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Further, Defendants have not filed an opposition to this Motion with the Court.

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Accordingly, Plaintiff’s Motion (ECF No. 18) is GRANTED, and the February 19,

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2015, hearing on that Motion is VACATED. Not later than five (5) days following the

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date this order is electronically filed, Plaintiff is directed to file the amended complaint

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with the Court. Defendants’ pending Motion to Dismiss (ECF No. 7) is DENIED as moot,

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and the March 5, 2015, hearing on that Motion is VACATED as well.

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IT IS SO ORDERED.
Dated: February 11, 2015

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