Russell Perry II v. Cox Communications, LexisNexis Risk Solutions, and Experian Credit Bureau

Summary

The United States District Court for the District of Nebraska denied Russell Perry II’s motion for leave to file a second amended complaint adding Equifax Information Services LLC, RealPage Inc. d/b/a LeasingDesk Screening, and Credence Global Solutions LLC as defendants. The court held that Perry failed to show good cause to modify the scheduling order because the proposed parties’ involvement was known or discoverable before the deadline to add parties had expired. The court also noted that the proposed reference to 15 U.S.C. § 1681s-2(b) appeared largely duplicative of existing claims, but did not decide futility.

Holdings

1. The motion for leave to amend was denied because Perry failed to show good cause under Rule 16(b) for modifying the progression order.

Questions Presented

1. Whether Perry established good cause under Federal Rule of Civil Procedure 16(b) to modify the progression order and seek leave to add Equifax, LeasingDesk, and Credence as defendants after the amendment deadline.
2. Whether leave to amend should be denied under Federal Rule of Civil Procedure 15(a)(2) because the proposed amendment would be futile or otherwise improper.

Disposition

other