Order on Motion for Reconsideration — Oto Analytics v. Capital Plus Financial (Northern District of Texas)

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Order of the United States District Court for the Northern District of Texas in Oto Analytics, Inc. d/b/a Womply v. Capital Plus Financial, LLC, case 3:21-cv-02636-B, on Womply's motion (Doc. 88) for reconsideration, for leave to replead its claims against BA Fin Orion LLC and Barry Calhoun (the "Blueacorn Defendants"), or for entry of final, appealable judgment. The court had dismissed those claims without prejudice for lack of personal jurisdiction on April 11, 2022. Agreeing with the Blueacorn Defendants, the court finds Womply did not attach the proposed amended pleading that Local Civil Rule 15.1(b) requires. It orders Womply to file an amended motion with a proposed second amended complaint attached no later than July 11, 2022.

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Case 3:21-cv-02636-B        Document 101        Filed 07/06/22      Page 1 of 3     PageID 1872


                           UNITED STATES DISTRICT COURT
                            NORTHERN DISTRICT OF TEXAS
                                 DALLAS DIVISION

 OTO ANALYTICS, INC. d/b/a                      §
 WOMPLY,                                        §
                                                §
      Plaintiff,                                §
                                                §
 v.                                             §    CIVIL ACTION NO. 3:21-CV-2636-B
                                                §
 CAPITAL PLUS FINANCIAL, LLC,                   §
 CROSSROADS SYSTEMS, INC., ERIC                 §
 DONNELLY, BA FIN ORION LLC d/b/a               §
 BLUEACORN, and BARRY                           §
 CALHOUN,                                       §
                                                §
      Defendants.                               §

                                             ORDER

         Before the Court is Plaintiff Oto Analytics, Inc. (“Womply”)’s Motion (1) for

Reconsideration, (2) for Leave to Replead its Claims Against BA Fin Orion LLC and Barry Calhoun

(the “Blueacorn Defendants”), or (3) to Direct Entry of Final, Appealable Judgment (Doc. 88).

Because the Court finds that Womply failed to comply with the local rules, the Court ORDERS

Womply to file an amended motion that includes a proposed second amended complaint as an

attachment.

         On April 11, 2022, the Court dismissed without prejudice Womply’s claims against the

Blueacorn Defendants for lack of personal jurisdiction. Oto Analytics, Inc. v. Cap. Plus Fin., LLC,

2022 WL 1082368, at *9 (N.D. Tex. Apr. 11, 2022). One month later, the Court granted in part

and denied in part the remaining defendants’ motion to dismiss and granted Womply thirty days to

replead the dismissed claims. Oto Analytics, Inc. v. Cap. Plus Fin., LLC, 2022 WL 1488441, at *15



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Case 3:21-cv-02636-B         Document 101        Filed 07/06/22       Page 2 of 3      PageID 1873


(N.D. Tex. May 11, 2022). Womply’s second amended complaint is now due July 11, 2022. Doc. 95,

Elec. Order.

       Womply seeks to add allegations that address the shortcomings identified by the Court in its

prior personal jurisdiction analysis. Id. at 15–16. Womply argues that because the Court has allowed

Womply to amend its complaint and because “the Court dismissed Womply’s claims against [the

Blueacorn Defendants] ‘without prejudice,’” permitting it to “includ[e] jurisdictional allegations

against [the Blueacorn Defendants] will promote judicial economy.” Doc. 88, Pl.’s Mot., 14.

       The Blueacorn Defendants respond that the Court should deny the motion to amend because

Local Civil Rule 15.1(b) requires a movant for leave to amend the complaint to attach a copy of the

proposed amended pleading and Womply did not attach the proposed amended pleading. Doc. 96,

Defs.’ Resp., 12–13. Further, the Blueacorn Defendants argue that Womply’s described, new factual

allegations do not “contribute to specific personal jurisdiction over the Blueacorn Defendants” or are

redundant of allegations made in the Amended Complaint. Id. at 14.

       The Court agrees with the Blueacorn Defendants that Womply failed to comply with the

Local Civil Rule 15.1(b). While Womply describes several allegations that it would include in a

second amended complaint, it failed to file the proposed amended pleading in compliance with the

local rules. Aubrey v. D. Mag. Partners, L.P., 2020 WL 1479021, at *10 (N.D. Tex. Mar. 26, 2020).

       Accordingly, the Court ORDERS Womply to file an amended motion for leave that includes

a proposed second amended complaint as an attached exhibit no later than Monday, July 11, 2022,

the current deadline for Womply to file an amended complaint.




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Case 3:21-cv-02636-B   Document 101    Filed 07/06/22   Page 3 of 3   PageID 1874


      SO ORDERED.

      SIGNED: July 6, 2022.


                                      ______________________________
                                      JANE J. BOYLE
                                      UNITED STATES DISTRICT JUDGE




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