Grewell v. K.B.R. Inc.

Background

Rachael Leticia Grewell moved for permission to file a first amended complaint under Rule 15(a) of the Federal Rules of Civil Procedure. K.B.R. Inc. did not oppose the motion.

Court’s analysis

Rule 15(a) generally requires courts to allow amendments when fairness requires. The court considered the listed reasons for denying amendment: unreasonable delay, bad faith, repeated failure to fix earlier problems, unfair harm to the opposing party, and a legally futile amendment.

The court found that none of those reasons applied. Grewell sought permission to amend about three months after filing the initial complaint. The proposed amendment would add violations under the Fair Debt Collection Practices Act and Regulation F and correct clerical errors. The court also found no repeated failure to fix deficiencies and no evidence of bad faith. It determined that K.B.R. Inc. would not be unfairly harmed because the case was still at an early stage: discovery had not occurred, no motions had been filed, and the court had not set a case schedule.

Ruling

The court granted Grewell’s motion for leave to file an amended complaint. It ordered her to file the first amended complaint on the public docket no later than December 1, 2023. The order addressed permission to amend the pleading; it did not decide the underlying claims.