Montoya v. SLM Corporation et al

Filing 37

ORDER by Judge Samuel Conti granting 27 Motion for Leave to File First Amended Complaint (sclc1, COURT STAFF) (Filed on 8/21/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

For the Northern District of California

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MARLON MONTOYA, individually and ) Case No. 14-cv-00287-SC
on behalf of all other similarly )
situated,
) ORDER GRANTING MOTION FOR LEAVE
) TO FILE FIRST AMENDED COMPLAINT
Plaintiff,
)
)
v.
)
)
SLM CORPORATION and SALLIE MAE, )
INC.,
)
)
Defendants.
)
)
)
)
)

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Now before the Court is Plaintiff Marlon Montoya's motion for

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leave to file an amended complaint to add Genesys

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Telecommunications Laboratories, Inc. ("Genesys") as a defendant.

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ECF No. 27.

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Inc.) and Navient, LLC (f/k/a SLM Corporation) have filed a

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statement of non-opposition to the motion.

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has appeared specially to oppose the motion.

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Plaintiff has filed a reply.

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briefed, and the Court finds it suitable for determination without

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oral argument per Civil Local Rule 7-1(b).

Defendants Navient Solutions, Inc. (f/k/a Sallie Mae,

ECF No. 31.

ECF No. 29.

Genesys

ECF No. 30 ("Opp'n").

Thus the motion is fully

Federal Rule of Civil Procedure 15(a) permits a party to amend

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pleading is served.

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however, a party may amend only by leave of the Court.

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Civ. P. 15(a).

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give leave when justice so requires."

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"stressed Rule 15's policy of favoring amendments, and [has]

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United States District Court

its complaint once as a matter of course before a responsive

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For the Northern District of California

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applied this policy with liberality."

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Oil Co., 866 F.2d 1149, 1160 (9th Cir. 1989).

After a responsive pleading is served,
Fed. R.

The Rule instructs that the "court should freely
Id.

The Ninth Circuit has

Ascon Props., Inc. v. Mobil
Ninth Circuit

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precedent encourages district courts to grant leave to amend to add

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a defendant absent evidence of bad faith, unjust delay, prejudice

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to the entering party, or futility.

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Leighton, 833 F.2d 183, 187 (9th Cir. 1987).

See id.; DCD Programs, Ltd. v.

Defendants Sallie Mae, Inc. and SLM Corporation have answered

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the original complaint.

ECF Nos. 11, 12.

Therefore, Plaintiff

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must seek leave of the Court to file an amended complaint.

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case is still in the early stages, and there is no evidence of bad

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faith on Plaintiff's part.

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initially named as a defendant because Plaintiff did not know that

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Genesys -- a third party vendor through which Defendants allegedly

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transmitted unlawful text messages to Plaintiff -- had sent the

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messages at issue in this case.

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Defendants' supplemental initial disclosures on July 1, 2014, did

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Plaintiff confirm that the third-party vendor was Genesys.

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27-1 ("Mot. Memo") at 2.

Plaintiff explains that Genesys was not

Not until Plaintiff received

Responses to Plaintiff's motion were due on July 30.

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This

ECF No.

Genesys

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did not file its opposition brief until five days later, on August

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4.

Because Genesys' opposition was late, the Court STRIKES its

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the Court to consider Genesys' arguments, Plaintiff's motion would

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still be granted.

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amend is that such amendment would be futile "because the complaint

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is subject to a motion to dismiss."

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opposition, therefore, is really a motion to dismiss, brought by a

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non-party, disguised as an opposition brief.

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United States District Court

opposition brief and considers the motion unopposed.

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For the Northern District of California

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However, were

opposition is improper even if construed as a motion to dismiss.

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Genesys' argument for futility depends on evidence that Genesys has

Genesys' only argument against allowing leave to

Opp'n at 3.

Genesys'

Indeed, Genesys'

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provided through declarations and exhibits.

Opp'n at 4-5.

But at

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the pleadings stage, the Court assumes the truth of Plaintiff's

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well-pleaded factual allegations.

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679 (2009).

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inappropriate.

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Ashcroft v. Iqbal, 556 U.S. 662,

Contrary evidence is therefore irrelevant and

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opposing party that carries the greatest weight" when considering

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whether leave to amend should be granted.

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Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003).

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never mentions the word prejudice and makes no allegations that

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allowing Plaintiff to amend would prejudice Genesys.

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prejudice, and cognizant of the Ninth Circuit's liberal policy

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United States District Court

Ultimately, "it is the consideration of prejudice to the

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For the Northern District of California

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towards amendments, the Court GRANTS Plaintiff Marlon Montoya's

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motion for leave to file a first amended complaint.

Eminence Capital, LLC v.
Genesys' brief

Finding no

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IT IS SO ORDERED.

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Dated: August 21, 2014

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UNITED STATES DISTRICT JUDGE

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