Free Motion to Amend/Correct - District Court of California - California

Case 3:07-cv-02391-JAH-POR

Document 29

Filed 02/15/2008

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LATHAM & WATKINS LLP Stephen P. Swinton (Bar No. 106398) [email protected] Adam A. Welland (Bar No. 228680) [email protected] 12636 High Bluff Drive, Suite 400 San Diego, California 92130-2071 Telephone: (858) 523-5400 Facsimile: (858) 523-5450 Attorneys for Plaintiff, GEORGIA-PACIFIC CONSUMER PRODUCTS LP IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) Plaintiff, ) ) v. ) ) LEE'S GENERAL TOYS, INC., a California ) corporation, JOHN LEE, an individual; and ) DOES 1-100, ) Defendants. ) ) ) ) ) ) ) ) ) ) GEORGIA-PACIFIC CONSUMER PRODUCTS LP, a Delaware limited partnership, Civil Action No. 07-CV-02391 JAH POR NOTICE OF MOTION AND MOTION OF PLAINTIFF GEORGIA-PACIFIC FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT

Date: Time: Ctrm: Judge:

March 24, 2008 2:30 p.m. 11 Hon. John A. Houston

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07-CV-02391 JAH POR NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Case 3:07-cv-02391-JAH-POR

Document 29

Filed 02/15/2008

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Please take notice that Plaintiff Georgia-Pacific Consumer Products LP ("GeorgiaPacific") will and hereby does move this Court for an order for leave to file a First Amended Complaint before this Court on March 24, 2008, at 2:30 p.m., or as soon thereafter as the matter can be heard, in Courtroom Eleven of the United States Courthouse located at 940 Front Street, San Diego, California 92101. Granting leave to amend the complaint would be in the furtherance of justice, consistent with the policy of the federal courts to liberally permit amendment of pleadings at any stage of the proceeding and in interests of judicial efficiency favoring resolution of all disputed matters between the parties in the same lawsuit. The proposed First Amended Complaint will name the following additional Defendants, who are substituted for Does 1 and 2: RunHui Paper Co., Ltd., and Shantou Kid Toys Co., Ltd. Allowing this amendment would be in furtherance of justice because at the time this action was originally filed, Georgia-Pacific was unaware of the names or identities of other entities participating in the manufacturing, sale, and /or distribution of products bearing marks that are confusingly-similar to Georgia-Pacific's federally-registered ANGEL SOFT® trademarks. Through disclosures provided by Defendants named in the original complaint, Georgia-Pacific learned facts supporting the addition of new parties, whom also are infringing Georgia-Pacific's valuable trademarks. Neither the current Defendants nor the newly-named Defendants will be prejudiced by the proposed amendment. This motion is based on the pleadings and papers on file in this action, this Notice of Motion and Motion, and the accompanying Memorandum of Points and Authorities, the

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07-CV-02391 JAH POR NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Case 3:07-cv-02391-JAH-POR

Document 29

Filed 02/15/2008

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Declaration of Adam A. Welland filed herewith, and whatever evidence and argument is presented at the hearing of this motion. Respectfully submitted, Dated: February 15, 2008 LATHAM & WATKINS LLP By: /s/ Stephen P. Swinton Stephen P. Swinton Attorneys for Plaintiff Georgia-Pacific Consumer Products LP E-mail: [email protected]

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07-CV-02391 JAH POR NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT