Shuckett v. DIALAMERICA Marketing Inc.

Filing 41

ORDER Granting Leave to Amend, re 30 Motion for Leave to File. Signed by Judge Larry Alan Burns on 7/9/2018. (jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ARIEL SHUCKETT, Individually and On
Behalf of All Others Similarly Situated,

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ORDER GRANTING LEAVE TO AMEND

Plaintiff,

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CASE NO. 17cv2073-LAB (KSC)

vs.
DIALAMERICA Marketing Inc.,

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Defendant.

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Ariel Shuckett asks to amend her complaint to add defendant American Standard.

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Leave to amend should be freely granted. Fed. R. Civ. P. 15. DialAmerica doesn’t oppose

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adding American Standard. Instead, DialAmerica argues it’s an improper defendant

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because it only placed one call to Shuckett and she didn’t answer the phone. But the only

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question on the table is whether the Court should allow Shuckett to amend to add American

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Standard—not whether she has a valid claim against DialAmerica. Shuckett’s motion to file

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a second amended complaint is granted. If DialAmerica is right, and it’s an improper

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defendant, the parties should file a joint motion to dismiss DialAmerica from the action. If

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Shuckett still thinks DialAmerica violated the Telephone Consumer Protection Act, then

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DialAmerica should file a motion to dismiss.

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IT IS SO ORDERED.
Dated: July 9, 2018
HONORABLE LARRY ALAN BURNS
United States District Judge

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