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TOWNER v. USAA FEDERAL SAVINGS BANK, 2:14-cv-00148-DN-DBP. (2014)

Court: District Court, D. Utah Number: infdco20140630828 Visitors: 3
Filed: Jun. 23, 2014
Latest Update: Jun. 23, 2014
Summary: MEMORANDUM DECISION DUSTIN B. PEAD, Magistrate Judge. This matter was referred to the Court under 28 U.S.C. 636(b)(1)(B). (Docket Nos. 4; 16.) On February 28, 2014, pro se Plaintiff filed a complaint against Defendant. (Dkt. No. 1.) On April 1, 2014, Defendant answered the complaint. (Dkt. No. 7.) On May 29, 2014, Defendant filed the present motion to amend its answer. (Dkt. No. 16.) Defendant moves to amend its answer to assert a counterclaim against Plaintiff. ( Id. ) Plaintiff has not re
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MEMORANDUM DECISION

DUSTIN B. PEAD, Magistrate Judge.

This matter was referred to the Court under 28 U.S.C. § 636(b)(1)(B). (Docket Nos. 4; 16.) On February 28, 2014, pro se Plaintiff filed a complaint against Defendant. (Dkt. No. 1.) On April 1, 2014, Defendant answered the complaint. (Dkt. No. 7.)

On May 29, 2014, Defendant filed the present motion to amend its answer. (Dkt. No. 16.) Defendant moves to amend its answer to assert a counterclaim against Plaintiff. (Id.) Plaintiff has not responded to Defendant's motion, and the time to respond has expired. DUCivR 7-1(b)(3)(B) (requiring parties to file opposition memorandums to such motions "within fourteen (14) days after service of the motion. ...").

Given Plaintiff's failure to respond to Defendant's motion, this Court GRANTS Defendant's motion to amend its answer. (Dkt. No. 16.) See DUCivR 7-1(d) ("Failure to respond timely to a motion may result in the court's granting the motion without further notice."). Defendant must file its amended answer by July 8, 2014.

Source:  Leagle

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