Banga v. Ameriprise Auto & Home Insurance Agency

Filing 68

ORDER signed by Magistrate Judge Allison Claire on 11/24/2020 GRANTING 62 Motion to Amend the Complaint; ACCEPTING 67 Revised Proposed Third Amended Complaint as operative while noting that the only two defendants in this case are Ameriprise Auto & Home Insurance Agency, Inc. and IDS; and DENYING AS MOOT 58 Motion to Strike. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAMLESH BANGA,

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Plaintiff,

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No. 2:18-cv-01072 MCE AC PS

v.

ORDER

AMERIPRISE AUTO & HOME
INSURANCE AGENCY, INC., et al.,
Defendants.

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Plaintiff is proceeding pro se, and the action was accordingly referred to the undersigned

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by Local Rule 302(c)(21). There has been substantial motion practice on the issue of the proper

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corporate name of defendant Ameriprise Auto & Home Insurance Agency, Inc. Plaintiff filed a

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proposed Third Amended Complaint (“TAC”) naming Ameriprise Auto & Home Insurance

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Agency, Inc. and IDS Property Casualty Insurance Company (“IDS”) as defendants but referring

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in the body of the complaint to “Ameriprise Auto & Home Insurance.” ECF No. 62-5 at 1.

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Defendants filed a limited opposition to the TAC, stating they did not oppose it substantively, but

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objecting to the reference to “Ameriprise Auto & Home Insurance” because it is only a brand

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marketing name, not an actual corporate name. ECF No. 66 at 2. Plaintiff submitted a Revised

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Proposed Third Amended Complaint (“RTAC”) to correct the name. ECF No. 67-3.

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Because there is no substantive dispute, the court GRANTS plaintiff’s motion to amend

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(ECF No. 62) and accepts the Revised Proposed Third Amended Complaint (ECF No.67-3) as

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operative, while noting that the only two defendants in this case are Ameriprise Auto & Home

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Insurance Agency, Inc. and IDS Property Casualty Insurance Company (“IDS”). Any shorthand

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reference in the RTAC or in the remainder of this litigation to “Ameriprise” shall be construed

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and understood as a reference to Ameriprise Auto & Home Insurance Agency, Inc. Defendants’

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motion to strike (ECF No. 58) is DENIED as MOOT.

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IT IS SO ORDERED.

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DATED: November 24, 2020

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