Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:06-cv-00258-CCM

Document 9

Filed 09/20/2006

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No. 06-258 (Judge Christine O.C. Miller)

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ALAN BRUHN and CALVIN BRUHN, Plaintiffs, v. THE UNITED STATES, Defendant.

PLAINTIFF'S MOTION TO AMEND COMPLAINT UNOPPOSED

1.

Plaintiffs Alan and Calvin Bruhn respectfully request permission to

amend their complaint. The purpose of the Amendment is to add another party at interest, Sheryl Bruhn, former wife of Alan Bruhn. Counsel for the Government does not oppose this motion. 2. 2004. The allegations of the Complaint cover the time period 2000 through For US Farm Program Alan and Sheryl Bruhn were married at that time.

purposes, Alan, Sheryl and Calvin Bruhn were three entities entitled to receive benefits from USDA. 3. Since 2004, a divorce has occurred. Divorce issues resulted in Sheryl Bruhn not being included in the original complaint. Sheryl Bruhn has since provided Alan Bruhn with a Power of Attorney. 4. Alan Bruhn will pursue this action for Sheryl Bruhn, but wishes to allege this fact in the Complaint. See RCFC 17(a).

Case 1:06-cv-00258-CCM

Document 9

Filed 09/20/2006

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5. paragraph six (6).

Plaintiffs propose adding the following paragraph as a new

Alan Bruhn also pursues this action on behalf of Sheryl Bruhn, through a Power of Attorney granted by Sheryl Bruhn to Alan Bruhn. Sheryl Bruhn was a farm "entity" for USDA Farm Program purposes entitled to receive benefits. The facts alleged in the Complaint are equally applicable to Alan Bruhn as Power of Attorney for Sheryl Bruhn. The damages sought are equally available to Alan Bruhn as Power of Attorney for Sheryl Bruhn. 6. 7. This Complaint amendment will not affect the now pending Motion This motion has merit.

to Dismiss. A copy of the proposed Amended Complaint is attached.

September 20, 2006
By: s/David A. Domina David A. Domina, NE#11043

DOMINALAWGroup pc llo

2425 South 144th Street Omaha, NE 68144-3267 402- 493-4100 Attorneys for Plaintiffs

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Case 1:06-cv-00258-CCM

Document 9

Filed 09/20/2006

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No. 06-258 (Judge Christine O.C. Miller)

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ALAN BRUHN and CALVIN BRUHN, Plaintiffs, v. THE UNITED STATES, Defendant.

CERTIFICATION OF SERVICE

I hereby certify that on September 20, 2006, I filed the Plaintiff's Motion to Amend Complaint - Unopposed with the Clerk of the Court using the CM/ECF system, which sent notification of such filing to: Gregg Schwind US Department of Justice Washington, DC [email protected]

s/ David A. Domina David A. Domina

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