Towner v. USAA Federal Savings Bank

Filing 23

MEMORANDUM DECISION granting 16 Motion to File Amended Answer. Signed by Magistrate Judge Dustin B. Pead on 6/23/14 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

MARK EDWARD TOWNER,
Plaintiff,

MEMORANDUM DECISION
Case No. 2:14-cv-00148-DN-DBP

v.

District Judge David Nuffer

USAA FEDERAL SAVINGS BANK,
doing business as USAA FINANCIAL
SERVICES,

Magistrate Judge Dustin B. Pead

Defendant.

This matter was referred to the Court under 28 U.S.C. § 636(b)(1)(B). (Docket Nos. 4; 16.)
On February 28, 2014, pro se Plaintiff filed a complaint against Defendant. (Dkt. No. 1.) On
April 1, 2014, Defendant answered the complaint. (Dkt. No. 7.)
On May 29, 2014, Defendant filed the present motion to amend its answer. (Dkt. No. 16.)
Defendant moves to amend its answer to assert a counterclaim against Plaintiff. (Id.) Plaintiff
has not responded to Defendant’s motion, and the time to respond has expired. DUCivR 71(b)(3)(B) (requiring parties to file opposition memorandums to such motions “within fourteen
(14) days after service of the motion . . . .”).
Given Plaintiff’s failure to respond to Defendant’s motion, this Court GRANTS Defendant’s
motion to amend its answer. (Dkt. No. 16.) See DUCivR 7-1(d) (“Failure to respond timely to a

Page 1 of 2

motion may result in the court’s granting the motion without further notice.”). Defendant must
file its amended answer by July 8, 2014.
Dated this 23rd day of June, 2014.

By the Court:

Dustin B. Pead
United States Magistrate Judge

Page 2 of 2