Free Motion to Amend Pleadings - Rule 15 - District Court of Federal Claims - federal

Case 1:06-cv-00448-GWM

Document 15

Filed 11/17/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS MICHAEL KAWA, ) ) Plaintiff, ) ) v. ) No. 06-448 ) THE UNITED STATES ) (Judge George W. Miller ) ) Defendant. ) ________________________________________________________________________ PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Plaintiff, by and through undersigned counsel, pursuant to Rule 15 of the Rules of the United States Court of Federal Claims, respectfully moves the Court for leave to file its Second Amended Complaint and states as follows: On June 6, 2006, plaintiff filed its original complaint in the instant action. Defendant moved to dismiss the complaint, on various grounds, on August 18, 2006. By Court Orders dated September 6 and October 6, 2006, plaintiff's deadline to file an answer or otherwise respond to the motion to dismiss was extended to November 17, 2006. Rather than respond to defendant's motion to dismiss, on November 6, 2006, plaintiff filed its First Amended Complaint pursuant to Rule 15(a) of the Rules of the Court of Federal Claims. Subsequently, plaintiff made further changes to the complaint in order to clarify certain issues regarding payee and payment address on a purchase order discussed therein. As such, plaintiff respectfully moves the Court for leave to file a Second Amended Complaint which addresses the aforementioned error. A copy of the Second Amended Complaint is attached hereto as Exhibit "1" and is incorporated herein by reference.

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Case 1:06-cv-00448-GWM

Document 15

Filed 11/17/2006

Page 2 of 3

On November 16, 2005, counsel for defendant advised that she does not oppose the relief requested in this motion. Dated: November 17, 2006 Respectfully submitted,

s/Joseph A. Camardo, Jr. Joseph A. Camardo, Jr. Attorney for Plaintiff 127 Genesee St. Auburn, New York 13021 Tel: (315) 252-3846

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Case 1:06-cv-00448-GWM

Document 15

Filed 11/17/2006

Page 3 of 3

CERTIFICATE OF SERVICE I certify under penalty of perjury that on November 17, 2006, I caused to be served by United States Mail (First Class, postage prepaid) of the foregoing, to: Nancy Kim Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street Washington, DC 20530

s/Joseph A. Camardo, Jr. Joseph A. Camardo, Jr.

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