Foskaris v. Allied Collection Services, Inc. et al

Filing 38

ORDER granting 28 Motion to Amend/Correct Complaint; denying without prejudice as moot 21 Motion to Dismiss. Signed by Chief Judge Gloria M. Navarro on 11/27/2016. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THOMAS G. FOSKARIS,
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)
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Plaintiff,
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vs.
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OCWEN LOAN SERVICING, LLC;
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EXPERIAN INFORMATION SOLUTIONS, )
INC.,
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Defendants.
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)

Case No.: 2:16-cv-01027-GMN-NJK
ORDER

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Pending before the Court is the Motion to Amend and Correct the Complaint, (ECF No.

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28), filed by Plaintiff Thomas G. Foskaris (“Plaintiff”). For the reasons discussed below, the

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Court GRANTS Plaintiff’s Motion to Amend.

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I.

BACKGROUND
Plaintiff originally filed this lawsuit on May 6, 2016. (Compl., ECF No. 1). On July 16,

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2016, Plaintiff filed a Motion to Amend and Correct the Complaint. (ECF No. 28). No

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defendant filed a response, and the deadline to do so has passed.

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II.

DISCUSSION
Local Rule 7-2(d) provides that “[t]he failure of an opposing party to file points and

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authorities in response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for

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attorney’s fees, constitutes a consent to the granting of the motion.” D. Nev. R. 7-2(d). Given

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the defendants’ failure to file an opposition, the Court grants the Motion pursuant to Local Rule

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7-2(d).

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III.

CONCLUSION
IT IS HEREBY ORDERED that Plaintiff’s Motion to Amend and Correct the

Complaint, (ECF No. 28), is GRANTED.
IT IS FURTHER ORDERED that the pending Motion to Dismiss, (ECF No. 21), is
DENIED without prejudice as moot.

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DATED this _____ day of November, 2016.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Judge

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