IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

GREER G. ZUMMO, on behalf of herself and )

all others similarly situated, )

) Case No. 12-cv-882

Plaintiff, )

) Judge John F. Grady

v. )

) Magistrate Judge Morton Denlow

EQUABLE ASCENT FINANCIAL, LLC, )

and ENHANCED RECOVERY COMPANY, )

LLC. )

) 

Defendants. )

)

MOTION FOR LEAVE TO FILE

SECOND AMENDED CLASS ACTION COMPLAINT

Plaintiff Greer Zummo respectfully requests this Court to grant leave to file her Second

Amended Class Action Complaint, and states the following in support.

1. On February 8, 2012, Plaintiff filed her Class Action Complaint, alleging that

Defendants Equable Ascent Financial, LLC (“Equable”) and Enhanced Recovery Company, LLC

(“Enhanced”) violated the Illinois Collection Agency Act (“ICAA”) and the Fair Debt Collection

Practices Act (“FDCPA”). Docket # 1 (“DE __”).

2. On May 2, 2012, Plaintiff filed, with leave of Court (DE 36), her First Amended Class

Action Complaint, alleging again that Equable and Enhanced violated the ICAA and FDCPA. DE 37.

3. On May 22, 2012, Enhanced filed its Motion to Dismiss and Memorandum in Support

(DE 41, 43).

4. On May 23, 2012, Equable filed its Motion to Dismiss and Memorandum in Support

(DE 44, 45).

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5. Through researching the factual and legal arguments advanced by Defendants’ Motions

to Dismiss, Plaintiff has determined that the proposed second amended complaint would increase the

expediency of this case’s progress, ultimately reaching a determination on the merits more quickly than

if this amendment were not allowed.

6. The proposed second amended complaint eliminates the causes of actions plead under

the Illinois Collection Agency Act, leaving only the causes of actions plead under the Fair Debt

Collection Practices Act. In doing so, the proposed amendment eliminates all but one class (with an

added sub-class) and cuts short the time period of the class by 80%.

7. The proposed amendment will eliminate the need for the parties to brief the issue of

whether or not Equable was a “collection agency” under the ICAA.

8. Federal Rule of Civil Procedure 15 governs the amendment of pleadings and provides,

in relevant part, that “a party may amend the party’s pleading only by leave of court or by written

consent of the adverse party; and leave shall be freely given when justice so requires.” FED. R. CIV. P.

15(a). The Supreme Court has instructed courts to “heed” this mandate, holding that amendments

should be freely allowed in the absence of considerations such as undue delay, bad faith, repeated

failure to cure deficiencies, undue prejudice to the opposing party, or futility of the amendment. Foman

v. Davis, 371 U.S. 178, 182 (1962); see also Espey v. Wainwright, 734 F. 2d 748, 750 (11th Cir.

1984) (“Unless there is a substantial reason to deny leave to amend, the discretion of the district court

is not broad enough to permit denial”); accord, Cement Masons’ Pension Fund, Local 502 v.

Clements, 91 C 8032, 1993 U.S. Dist. LEXIS 13938 (N.D.Ill., Oct. 5, 1993).

9. Plaintiff seeks to amend her complaint at an early point in the litigation; indeed, the

original complaint was filed less than five months ago. There is no bad faith present, as the amendment

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seeks only reduce the burden upon each party be eliminating the state law causes of action, reducing

the four classes plead in the original complaint to only one class and a sub-class, and reducing the class

time period involved from five years to one year. Significantly, the amendment will eliminate any need to

brief the issue of whether Equable was a “collection agency” under the ICAA. Finally, no prejudice to

either defendant will result.

10. On June 29, 2012, Plaintiff’s counsel Keith Keogh left voice mails for counsel for

Equable, David Schultz, and counsel for Enhanced, Paul Gamboa, to discuss Plaintiff’s plan to seek

leave to amend her complaint. As of the filing of this Motion, counsel has not heard from either Messrs.

Schultz or Gamboa.

WHEREFORE, Plaintiff Greer Zummo requests this Court to grant leave to file her Second

Amended Class Action Complaint, which is attached hereto as Exhibit 1. 

Respectfully Submitted,

Plaintiff Gregory Leeb

By: /s/ Craig M. Shapiro 

One of his attorneys

Keith J. Keogh

Craig Shapiro

Timothy J. Sostrin

Keogh Law, Ltd.

101 N. Wacker Drive, Suite 605

Chicago, IL 60606

312-726-1092 (Office)

312-726-1093 (Fax)

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