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)
1
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
2
Jan 09, 2017
SEAN F. MCAVOY, CLERK
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
3
4
5
ALFREDO LAZCANO and YELENA
LAZCANO, and the marital
community comprised thereof,
6
Plaintiffs,
7
v.
8
9
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
10
Defendant.
11
12
Before the Court, without oral argument, are Defendant Equifax Information
13
Services, LLC’s Motion to Dismiss, ECF No. 6, and Plaintiffs Lazcano’s Motion to
14
Amend Complaint, ECF No. 28. Defendant requests that the Court dismiss the
15
complaint pursuant to Rule 12(b)(6). See ECF No. 6. Plaintiffs oppose the motion.
16
See ECF No. 8. Plaintiffs have also moved for leave to amend their complaint to
17
include ECF Nos. 23 and 24 as exhibits to the complaint. See ECF No. 28. They do
18
not seek to otherwise amend the complaint. Id. Defendant does not oppose
19
Plaintiffs’ motion to amend for the sole purpose of adding these exhibits. ECF No.
20
ORDER DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT AND
GRANTING PLAINTIFFS’ MOTION TO AMEND COMPLAINT - 1
1
31. Defendant also requests the opportunity to file an amended motion to dismiss,
2
should Plaintiffs file an amended complaint. Id.
3
Having reviewed the pleadings and the file in this matter, the Court is fully
4
informed and denies Defendant’s Motion to Dismiss as moot and grants Plaintiffs’
5
Motion to Amend Complaint. Plaintiffs shall file an amended complaint by January
6
10, 2017, and serve it on Defendant no later than January 13, 2017. Defendant shall
7
file an amended Motion to Dismiss within 14 days of the day on which it is served
8
with the amended complaint. Thereafter, the parties shall adhere to Local Rule 7.1’s
9
requirement for filing responsive and reply memoranda for dispositive motions.
10
Accordingly, IT IS HEREBY ORDERED:
11
1.
Defendant’s Motion to Dismiss, ECF No. 6, is DENIED as moot.
12
2.
Plaintiffs’ Motion to Amend Complaint, ECF No. 28, is GRANTED.
13
3.
Plaintiffs shall file the Amended Complaint by no later than January
10, 2017.
14
15
16
17
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
18
19
20
ORDER DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT AND
GRANTING PLAINTIFFS’ MOTION TO AMEND COMPLAINT - 2
1
2
provide copies to all counsel.
3
DATED this 9th day of January 2017.
4
5
__________________________
SALVADOR MENDOZA, JR.
United States District Judge
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
ORDER DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT AND
GRANTING PLAINTIFFS’ MOTION TO AMEND COMPLAINT - 3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?