Discover Bank v. New Vision Financial, LLC

[David A. Szwak]

Discover Bank v. New Vision Financial, LLC,
Not Reported in F.Supp.2d, 2005 WL 1865369, S.D.Ohio, August 01, 2005

...its complaint to assert alter ego, fraudulent transfer, and successor liability claims against New Vision shareholders Fred and Shelly Howard, Titan Recovery, and Titan Management. Rule 15(a) provides that “a party may amend the party's pleading only by leave of court...

...the Court to undertake a Rule 15(a) analysis. New Vision points to the July 30, 2004 e-mail regarding Titan Recovery Group that Discover Bank received and the fact that the agreed-upon proposed September 2004 deadline for amending the pleadings...

...Discover Bank has presented a compelling argument as to why the proposed amendments would not be futile. Although the Howards, Titan Recovery, and Titan Management may ultimately prevail on the claims against them, there is a sufficient basis at this juncture as...