Lazcano et al v. Equifax Information Services LLC

Filing 32

ORDER DENYING DEFENDANT'S MOTION TO DISMISS AS MOOT AND GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT denying 6 Motion to Dismiss; granting 28 Motion to Amend/Correct. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jan 09, 2017
SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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ALFREDO LAZCANO and YELENA
LAZCANO, and the marital
community comprised thereof,

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Plaintiffs,
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v.
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EQUIFAX INFORMATION
SERVICES, LLC, a Georgia Limited
Liability Company,

No. 2:16-CV-0031-SMJ

ORDER DENYING
DEFENDANT’S MOTION TO
DISMISS AS MOOT AND
GRANTING PLAINTIFF’S
MOTION TO AMEND
COMPLAINT

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Defendant.
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Before the Court, without oral argument, are Defendant Equifax Information

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Services, LLC’s Motion to Dismiss, ECF No. 6, and Plaintiffs Lazcano’s Motion to

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Amend Complaint, ECF No. 28. Defendant requests that the Court dismiss the

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complaint pursuant to Rule 12(b)(6). See ECF No. 6. Plaintiffs oppose the motion.

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See ECF No. 8. Plaintiffs have also moved for leave to amend their complaint to

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include ECF Nos. 23 and 24 as exhibits to the complaint. See ECF No. 28. They do

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not seek to otherwise amend the complaint. Id. Defendant does not oppose

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Plaintiffs’ motion to amend for the sole purpose of adding these exhibits. ECF No.

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ORDER DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT AND
GRANTING PLAINTIFFS’ MOTION TO AMEND COMPLAINT - 1

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31. Defendant also requests the opportunity to file an amended motion to dismiss,

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should Plaintiffs file an amended complaint. Id.

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Having reviewed the pleadings and the file in this matter, the Court is fully

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informed and denies Defendant’s Motion to Dismiss as moot and grants Plaintiffs’

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Motion to Amend Complaint. Plaintiffs shall file an amended complaint by January

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10, 2017, and serve it on Defendant no later than January 13, 2017. Defendant shall

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file an amended Motion to Dismiss within 14 days of the day on which it is served

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with the amended complaint. Thereafter, the parties shall adhere to Local Rule 7.1’s

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requirement for filing responsive and reply memoranda for dispositive motions.

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Accordingly, IT IS HEREBY ORDERED:

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1.

Defendant’s Motion to Dismiss, ECF No. 6, is DENIED as moot.

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2.

Plaintiffs’ Motion to Amend Complaint, ECF No. 28, is GRANTED.

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3.

Plaintiffs shall file the Amended Complaint by no later than January
10, 2017.

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4.

Plaintiffs shall then serve the Amended Complaint on Defendant no
later than January 13, 2017.

IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and

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ORDER DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT AND
GRANTING PLAINTIFFS’ MOTION TO AMEND COMPLAINT - 2

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provide copies to all counsel.

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DATED this 9th day of January 2017.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT AND
GRANTING PLAINTIFFS’ MOTION TO AMEND COMPLAINT - 3