Dekker v. Cenlar FSB

Background

The plaintiffs moved for permission to file an amended and supplemental complaint and to add Usset, Weingarden & Liebo P.L.L.P. as a defendant. They sought to add facts and claims arising before the original complaint was filed under Federal Rule of Civil Procedure 15(a), as well as later facts and claims arising after filing under Rule 15(d). The opinion notes that Wells Fargo Bank had been dismissed from the action on March 18, 2021.

Court’s analysis

After a response to a complaint has been served and the applicable period for amendment has passed, Rule 15(a)(2) generally requires the opposing party’s written consent or the court’s permission to amend. Permission should generally be granted unless there are compelling reasons such as undue delay, bad faith, repeated failure to correct defects, unfair prejudice, or futility. Rule 15(d) allows a court to permit a supplemental pleading addressing later events related to the original claims.

The court found that the plaintiffs’ request was timely. The defendants did not oppose the motion, and the record contained no evidence of undue delay, bad faith, or unfair prejudice. The court therefore permitted the plaintiffs to file the proposed amended and supplemental complaint.

Order

Judge Tony N. Leung granted the plaintiffs’ motion for leave to file the amended and supplemental complaint and to add Usset, Weingarden & Liebo P.L.L.P. as a defendant. The plaintiffs were ordered to file the complaint in substantially the same form as the proposed filing within seven days of the order. The court also canceled the motion hearing set for July 19, 2021, and stated that prior consistent orders remained in effect. The order did not decide the underlying claims’ merits.