Kaili Timperley v. Safeco Insurance Company of America, Brothers Restoration, LLC, and GuideOne Insurance Company

Summary

The U.S. District Court for the Eastern District of Washington granted GuideOne Insurance Company’s unopposed motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) after determining that GuideOne was incorrectly named as the bonding company. The court also granted the plaintiff leave to file a second amended complaint removing GuideOne and adding the proper bonding company, and directed GuideOne to submit documentation supporting any request for costs and fees.

Holdings

1. The court may grant GuideOne's unopposed motion to dismiss under Local Civil Rule 7(e), and dismissal was appropriate because the parties agreed that GuideOne was incorrectly named and was not the proper bonding company.
2. Leave to amend should be granted because the motion was unopposed, the parties agreed that GuideOne was incorrectly named, and all four relevant amendment factors favored amendment.

Questions Presented

1. Whether GuideOne's unopposed motion to dismiss should be granted under Eastern District of Washington Local Civil Rule 7(e) when the parties agreed that GuideOne was incorrectly named and was not the proper bonding company.
2. Whether Timperley should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to amend the complaint to remove GuideOne and add the proper bonding company.

Disposition

other