Lutman et al v. Harvard Collection Services, Inc.

Filing 24

ORDER re 23 MOTION for leave to File First Amended Complaint filed by Deborah C. Lutman, Michael N. Lutman. Plaintiffs Michael N. Lutman and Deborah C. Lutman and Defendant Harvard Collection Services, Inc.'s Joint Stipulation Re: Leave to File First Amended Complaint 23 is GRANTED. The Clerk of Court is DIRECTED to enter the attached proposed First Amended Complaint [23-1]. Defendant Harvard Collection Service shall file an Answer to the First Amended Complaint on or before September 1, 2015 Signed by Judge Sheri Polster Chappell on 8/24/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICHAEL N. LUTMAN and DEBORAH
C. LUTMAN,
Plaintiffs,
v.

Case No: 2:15-cv-257-FtM-38CM

HARVARD COLLECTION
SERVICES, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on Plaintiffs Michael N. Lutman and Deborah
C. Lutman and Defendant Harvard Collection Services, Inc.'s Joint Stipulation Re: Leave
to File First Amended Complaint (Doc. #23) filed on August 17, 2015.
The background of this case has been recited at length in an earlier opinion (Doc.
#23) and need not be repeated in detail here. In brief, Plaintiffs initiated this case on April
24, 2015 under the Telephone Consumer Protection Act ("TCPA"), the Fair Debt
Collection Practices Act ("FDCPA"), and the Florida Consumer Collection Practices Act
("FCCPA"). (Doc. #1). On July 2, 2015, Defendant filed an Answer to Count I of
Complaint (Doc. #9), and a Motion to Dismiss and/or Strike the remaining counts in the
Complaint (Doc. #10). Plaintiffs thereafter filed an amended complaint (Doc. #20), which

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the Court struck for failure to comply with Rule 15 of the Federal Rules of Civil Procedure
(Doc. #21). The Court also granted Defendant's Motion to Dismiss (Doc. #10) and,
among other things, dismissed without prejudice Counts III through IX (Doc. #22). The
parties now stipulate to Plaintiff filing the First Amended Complaint. (Doc. #23).
Under Rule 15 of the Federal Rules of Civil Procedure, "a party may amend its
pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ.
P. 15(a)(2). "The decision whether to grant leave to amend a complaint is within the sole
discretion of the district court.

Rule 15(a), however, limits the court's discretion by

mandating that 'leave shall be freely given when justice so requires.'" Laurie v. Ala. Crim.
App., 256 F.3d 1266, 1274 (11th Cir. 2001) (citation omitted). Consequently, the court
must provide substantial justification to deny a motion to amend, such as "undue delay,
bad faith, dilatory motive on the part of the movant, . . . undue prejudice to the opposing
party by virtue of allowance of the amendment, [or] futility of amendment." Foman v.
Davis, 371 U.S. 178, 182 (1962).
As stated, the parties stipulate to the proposed First Amended Complaint
becoming the operative pleading in this case. (Doc. #23). Upon consideration of the
interests of justice in this case, the Court will permitting the filing of the proposed First
Amended Complaint (Doc. #23-1). This case is early in the litigation and amending the
complaint will not delay this matter or prejudice Defendant. The Court, therefore, finds
good cause to grant Plaintiff leave to amend.
Accordingly, it is now
ORDERED:

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(1) Plaintiffs Michael N. Lutman and Deborah C. Lutman and Defendant Harvard
Collection Services, Inc.'s Joint Stipulation Re: Leave to File First Amended
Complaint (Doc. #23) is GRANTED.
(2) The Clerk of Court is DIRECTED to enter the attached proposed First Amended
Complaint (Doc. #23-1).
(3) Defendant Harvard Collection Service shall file an Answer to the First Amended
Complaint on or before September 1, 2015.
DONE and ORDERED in Fort Myers, Florida this 21st day of August, 2015.

Copies: All Parties of Record

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