Connie Tu v. Experian Information Solutions, Inc., et al.
- Proceeding
- district
- Area
- civil
- Panel
- William Q. Hayes (author)
Analysis
Defendant Trans Union moved for leave to file a First Amended Answer and Defenses, and the Court granted the motion because the plaintiff did not oppose it and Rule 15 requires liberal amendment. The Court ordered Trans Union to file the amended answer within fourteen days.
| What the court decided | The model |
|---|---|
Motion for Leave to File a First Amended Answer and Defenses granted“IT IS HEREBY ORDERED that the Motion for Leave to File a First Amended Answer and Defenses to Plaintiff's Complaint (ECF No. 70) is granted.” | agree with court The court correctly applied the standard for Rule 15(a) motions, which requires that leave be freely given when justice so requires. The order notes the absence of opposition and cites the Ninth Circuit's directive to apply this policy with extreme liberality. Granting the motion is the standard outcome in the absence of a showing of undue delay, bad faith, or prejudice, none of which are present in the record provided. |
The order itself: sound — The order is procedurally correct and relies on the appropriate binding authority for the Ninth Circuit. It correctly identifies the lack of opposition and applies the liberal standard of Rule 15(a).
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CONNIE TU, Case No.: 24-cv-1221-WQH-MSB Plaintiff, 12 ORDER v. 13 14 EXPERIAN INFORMATION SOLUTIONS, INC., et al., 15 Defendants. 16 HAYES, Judge: 17 On August 15, 2024, Defendant Trans Union LLC (“Trans Union”) filed its Answer 18 in this case. (ECF No. 9.) 19 On August 29, 2025, Defendant Trans Union filed a Motion for Leave to File a First 20 Amended Answer and Defenses to Plaintiff’s Complaint. (ECF No. 70.) 21 On September 5, 2025, the Court ordered that any opposition to the motion be filed 22 no later than September 22, 2025. (ECF No. 72.) The docket reflects that Plaintiff Tu has 23 not filed an opposition to the motion. 24 Federal Rule of Civil Procedure 15 states that “[t]he court should freely give leave 25 [to amend] when justice so requires.” Fed. R. Civ. P. 15(a). “This policy is to be applied 26 with extreme liberality.” Eminence Cap., LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th 27 Cir. 2003) (per curiam) (quotation omitted). 28 1 IT IS HEREBY ORDERED that the Motion for Leave to File a First Amended 2 || Answer and Defenses to Plaintiff's Complaint (ECF No. 70) is granted. Defendant Trans 3 Union shall file any amended answer no later than fourteen (14) days from the date this 4 || Order is filed. 5 6 7 Dated: October 17, 2025 itt Z. A a 8 Hon. William Q. Hayes 9 United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28