Free Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1:04-cv-01488-JJF Document 22 Filed 08/11/2005 Page1 of 4
IN UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT V. TOWNES IV, individually )
and on Behalf of All Others Similarly )
Situated, )
Plaintiff, g
v. ; Case N0. 04-1488 (JJF)
) Putative Class Action
TRANSUNION LLC and TRUELINK, INC., )
Defendants. g
UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED ANSWER TO
COMPLAINT
Defendants, Trans Union, LLC ("Trans Union") and TmeLink, Inc. ("TrueLink"), by
their attorneys, respectfully move this Court, pursuant to Federal Rule of Civil Procedure 15(a),
for an order granting them leave to file their Amended Answer To Complaint "Amended
Answer," a copy of which is attached hereto as Exhibit A. In support of this Motion, defendants
state as follows:
1. On December l, 2004, plaintiff tiled his Complaint against Defendants. In the
Complaint, plaintiff alleges claims for violation of the Credit Repair Organizations Act, 15
U.S.C. § 1679 et seq. ("CROA") and unjust enrichment. Both defendants were served on
December 1, 2004.
2. Pursuant to the parties’ Stipulation, the time for defendants to file their responsive
pleading was extended until January 21, 2005. On that date, defendants tiled their Answer To
g Complaint.

Case 1:04-cv-01488-JJF Document 22 Filed 08/11/2005 Page 2 of 4
3. Since the filing of defendants’ Answer, there has been little progress in this case.
On March l0, 2005, plaintiff filed a Motion For Appointment of Interim Counsel, to which
Defendants responded on March 24, 2005.
4. Plaintiff has recently initiated discovery by serving defendants with discovery
requests, and a Rule 26(f) conference was held between counsel on July 21, 2005. As of the date
of filing this Motion, no formal discovery schedule or other order for case management has been
entered in this case. There has been no appearance of counsel before the Court, and the Court
has set no deadline for amendment of the pleadings.
5. Counsel for defendants recently learned of an inadvertent error in the Answer
previously filed on behalf of Trans Union and TrueLink. This error concems a single paragraph
of the Complaint, Paragraph 9, which defense counsel mistakenly admitted, without proper
clarifications of certain of the allegations, on behalf of the defendants. Defendants now seek
leave to file an Amended Answer, in the form attached hereto as Exhibit A, for the sole purpose
of correcting this error.l
6. Leave to amend pleadings should be "freely given when justice so requires," Fed.
R. Civ. Pro. l5(a). Defendants should be granted leave to amend their Answer in order to
facilitate a decision on the merits rather than the technicalities of pleading, and fulfill the
requirements of justice.
7. Plaintiff would not be prejudiced by the amendment of defendants’ Answer, nor
would the proposed amendment affect any cou1t—imposed schedule for the progress or efficient
management of this action.
I Pursuant to Local Rule 15. l , a blacklined yersion of the proposed Amended Answer,
showing the text to be deleted and added, 1S attached hereto as Exhibit B.
2

Case 1:04-cv-01488-JJF Document 22 Filed 08/11/2005 Page 3 of 4
8. Counsel for defendants have conferred with plaintiffs counsel pursuant to Local
Rule 7.1.1, and plaintiff s counsel has indicated that they have no objection to this Motion or the
defendants’ filing of the proposed Amended Answer.
9. Neither Trans Union nor TrueLink has previously sought leave to amend their
Answer in this action.
WHEREFORE, Defendants Trans Union LLC and TmeLink, Inc. respectfully request
that this Honorable Court grant them leave to file their Amended Answer To Complaint, a copy
of which is attached hereto as Exhibit A.
Dated: August 11, 2005
MORRIS, NICHOLS, ARSHT & TUNNELL
/\ \ A &
' · ' ,/C 3
William M. Lafferty (#2755)
Erika Y. Tross (#4506)
1201 N. Market Street
Wilmington, DE 19801
(302) 658-9200
Attorneys for Defendants, Trans Union LLC and
TrueLink, Inc.
OF COUNSEL:
Michael O’Nei1
Roger L. Longtin
DLA Piper Rudnick Gray Cary US LLP
203 North LaSalle Street, Suite 1900
Chicago, IL 60601-1293
(312) 368-4000
478425
3

Case 1:04-cv-01488-JJF Document 22 Filed 08/11/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I, Erika Y. Tross, hereby certify that on August 11th, 2005 I electronically filed a
Unopposed Motion For Leave To File Amended Answer To Complaint, with the Clerk of
Court using CM/ECF, which will send notification of such 1iling(s) to the following:
Seth D. Rigrodsky
Ralph N. Sianni
Brian D. Long
Milberg Weiss Bershad & Schulman LLP
919 N. Market Street, Suite 411
Wilmington, DE 19801
I also certify that copies were caused to be seryed on August 11th, 2005 upon the
following in the mamier indicated:
BY HAND: BY FIRST CLASS MAIL:
Seth D. Rigrodsky Melvyn I. Weiss
Ralph N. Sianni Brad N. Friedman
Brian D. Long Milberg Weiss Bershad & Schulman LLP
Milberg Weiss Bershad & Schulman LLP One Pennsylvania Plaza
919 N. Market Street, Suite 411 New York, NY 10119
Wilmington, DE 19801
BY FIRST CLASS MAIL: BY FIRST CLASS MAIL:
Michael L. McGlamry C. Neal Pope
Pope, McGlamry, Kilpatrick, Morrison Wade H. Tomlinson, III
& Norwood, LLP Alan G. Snipes
The Pinnacle, Suite 925 Pope, McGlamry, Kilpatrick, Morrison
3455 Peachtree Road, N.E. & Norwood, LLP
P.O. Box 191625 1111 Bay Avenue, Suite 450
Atlanta, GA 30326-3243 P.O. Box 2128
Columbus, GA 31901
MORRIS, NICHOLS, ARSHT TUNNELL
{5 . er., V 2 2.2
Erika Y. Tross (#4506)
1201 N. Market Street
Wilmington, Delaware 19801
(302) 658-9200
Attorneys for Defendants, Trans Union LLC and
T1t1eLink, Inc.
[email protected]
August 11, 2005