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Western Surety Co. v. Auto America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 31, 2010

WESTERN SURETY COMPANY, A SOUTH DAKOTA CORPORATION, PLAINTIFF,
v.
AUTO AMERICA, INC., A CALIFORNIA CORPORATION; MOCTEZUMA TOVAR, AN INDIVIDUAL; PENEELEYU TOVAR, AN INDIVIDUAL; WACHOVIA DEALER SERVICES, INC., A CALIFORNIA CORPORATION; TRUCK CITY AUTO SALES, INC., A CALIFORNIA CORPORATION; FIRESIDE BANK, A CALIFORNIA CORPORATION; LOBEL FINANCIAL CORPORATION, A CALIFORNIA CORPORATION; YOLO FEDERAL CREDIT UNION, A BUSINESS ENTITY, FORM UNKNOWN, CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, A CALIFORNIA STATE AGENCY; AND DOES 1-100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

This is an action in interpleader brought by Plaintiff Western Surety Company with regard to a bond it issued on the operations of Defendant Auto America, Inc., a motor vehicle dealership.

In the wake of numerous claims and conflicting claims brought against Plaintiff's bond well in excess of its maximum $50,000.00 amount, Plaintiff has interpled that total bond obligation with the Court and named all those asserting claims on the bond as Defendants along with the dealership itself and its owners. Plaintiff now seeks to amend its complaint to add a newly discovered additional claimant, Dealer Services Corporation, a Delaware corporation, as a Defendant. That request is made pursuant to Federal Rule of Civil Procedure 15(a).

Leave to amend a party's pleadings should generally be freely given under Rule 15(a), and no opposition to Plaintiff's Motion has been made. Consequently, good cause appearing therefor, Plaintiff's Motion for Leave to File a First Amended Complaint is GRANTED.*fn1 The April 8, 2010 hearing on said Motion is accordingly vacated. Plaintiff shall file and serve its proposed First Amended Complaint not later than ten (10) days following the date this Order is electronically filed with the Court.

IT IS SO ORDERED.


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