Richard Caruso v. Encore Capitol Group

S.D. California

Richard Caruso v. Encore Capitol Group

DecidedOctober 24, 2023

Docket3:23-cv-00573

StatusUnknown

This text of Richard Caruso v. Encore Capitol Group (Richard Caruso v. Encore Capitol Group) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Richard Caruso v. Encore Capitol Group, (S.D. Cal. 2023).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 RICHARD CARUSO, Case No.: 23cv00573 JAH-BGS

12 Plaintiff, ORDER GRANTING PLAINTIFF’S 13 v. UNOPPOSED MOTION FOR LEAVE TO AMEND [ECF No. 11] 14 ENCORCE CAPITOL GROUP, et. al. 15 Defendants. 16 17 18 On June 7, 2023, Plaintiff filed a motion for leave to file a first amended complaint. 19 Defendant filed a non-opposition to the motion. The Court vacated the hearing on the 20 motion and took the matter under submission. 21 A party may amend a pleading once as a matter of course within 21 days after serving 22 a pleading or 21 days after service of a responsive pleading or motion, and may otherwise 23 amend by leave of court. FED.R.CIV.P. 15(a). Granting leave to amend rests in the sound 24 discretion of the trial court. International Association of Machinists & Aerospace Workers 25 v. Republic Airlines, 761 F.2d 1386, 1390 (9th Cir. 1985). This discretion must be guided 26 by the strong federal policy favoring the disposition of cases on the merits. DCD Programs 27 Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987). Because Rule 15(a) favors a liberal 28 1 || policy, the nonmoving party bears the burden of demonstrating why leave to amend should 2 ||not be granted. Genetech, Inc. v. Abbott Laboratories, 127 F.R.D. 529 (N.D. Cal. 1989). 3 Plaintiff seeks to amend to add three credit reporting agencies to his first amended 4 ||complaint and to state the facts of the case, the relief requested, and the statutory violations 5 a more detailed and clear manner. Good cause appearing, IT IS HEREBY ORDERED 6 || Plaintiff's unopposed motion for leave to amend is GRANTED. The Clerk of the Court 7 ||shall file Plaintiff's amended complaint attached to the motion as the First Amended 8 || Complaint. 9 ||DATED: October 24, 2023 10 1] J A. HOUSTON Ynited States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 RICHARD CARUSO, Case No.: 23cv00573 JAH-BGS

12 Plaintiff, ORDER GRANTING PLAINTIFF’S 13 v. UNOPPOSED MOTION FOR LEAVE TO AMEND [ECF No. 11] 14 ENCORCE CAPITOL GROUP, et. al. 15 Defendants. 16 17 18 On June 7, 2023, Plaintiff filed a motion for leave to file a first amended complaint. 19 Defendant filed a non-opposition to the motion. The Court vacated the hearing on the 20 motion and took the matter under submission. 21 A party may amend a pleading once as a matter of course within 21 days after serving 22 a pleading or 21 days after service of a responsive pleading or motion, and may otherwise 23 amend by leave of court. FED.R.CIV.P. 15(a). Granting leave to amend rests in the sound 24 discretion of the trial court. International Association of Machinists & Aerospace Workers 25 v. Republic Airlines, 761 F.2d 1386, 1390 (9th Cir. 1985). This discretion must be guided 26 by the strong federal policy favoring the disposition of cases on the merits. DCD Programs 27 Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987). Because Rule 15(a) favors a liberal 28 1 || policy, the nonmoving party bears the burden of demonstrating why leave to amend should 2 ||not be granted. Genetech, Inc. v. Abbott Laboratories, 127 F.R.D. 529 (N.D. Cal. 1989). 3 Plaintiff seeks to amend to add three credit reporting agencies to his first amended 4 ||complaint and to state the facts of the case, the relief requested, and the statutory violations 5 a more detailed and clear manner. Good cause appearing, IT IS HEREBY ORDERED 6 || Plaintiff's unopposed motion for leave to amend is GRANTED. The Clerk of the Court 7 ||shall file Plaintiff's amended complaint attached to the motion as the First Amended 8 || Complaint. 9 ||DATED: October 24, 2023 10 1] J A. HOUSTON Ynited States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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