Besserman v. The Commercial Finance Group

Filing 25

ORDER Granting 9 Counter-Motion for Leave to Amend Complaint. FURTHER ORDERED that Plaintiff file her amended complaint within seven days of the entry of this order. FURTHER ORDERED that 8 Motion to Dismiss is DENIED as moot. FURTHER ORDERED that Plaintiff shall serve the summons and amended complaint in compliance with Rule 4 within 120 days of filing the amended complaint. Signed by Judge Kent J. Dawson on 4/19/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AUDREY L. BESSERMAN,

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Plaintiff,

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v.

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Case No. 2:11-CV-01340-KJD-LRL

THE COMMERCIAL FINANCE GROUP,

ORDER

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Defendant.
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Presently before the Court is Defendant’s Motion to Dismiss (#8). In response, Plaintiff filed
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a Counter-motion for Leave to Amend the Complaint (#9). Defendant filed a response in opposition
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(#11) to the counter-motion to amend to which Plaintiff replied (#12).
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Plaintiff’s Proposed Amended Complaint (#13/14) only asserts claims against California
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Factors and Finance (Arizona), Inc. No claims in the proposed amended complaint are asserted
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against Defendant The Commercial Finance Group. Since leave to amend should be freely granted
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in accordance with Federal Rule of Civil Procedure 15(a), the Court grants Plaintiff’s motion to
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amend. Thus, Defendant’s motion to dismiss is denied as moot. Furthermore, to the extent that
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Defendant argues that Plaintiff maintained the action against it in bad faith, the Court notes that if
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Defendant’s counsel had not suggested to Plaintiff that The Commercial Finance Group was a d/b/a
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of Commercial Factors and Finance, see Defendant’s Motion to Dismiss, Doc. No. 8, p.23, then

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Plaintiff’s counsel might have been more inclined to believe its later assertion that it was not

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Plaintiff’s employer.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Counter-motion for Leave to
Amend the Complaint (#9) is GRANTED;
IT IS FURTHER ORDERED that Plaintiff file her amended complaint within seven (7) days
of the entry of this order;

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IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss (#8) is DENIED as moot;

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IT IS FURTHER ORDERED that Plaintiff shall serve the summons and amended complaint

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in compliance with Rule 4 within one-hundred and twenty (120) days of filing the amended

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complaint.

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DATED this 19th day of April 2012.

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_____________________________
Kent J. Dawson
United States District Judge

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