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

Case 1:04-cv-01254-GMS

Document 23

Filed 09/09/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

ESTATE OF HARRY SMITH, III, HARRY SMITH, JR., and ROSLYN WOODARD SMITH, Plaintiffs, v. WILMINGTON POLICE DEPARTMENT, MICHAEL SZCZERBA, in his official capacity as police chief of the Wilmington Police Department, ONE OR MORE JOHN DOES-1, in their official capacities as police supervisors with the Wilmington Police Department, and ONE OR MORE JOHN DOES-2, in their official capacities as police officers with the Wilmington Police Department and in their individual capacities, Defendants. ______________________________________________________________________ MOTION TO FILE ATTACHED AMENDED COMPLAINT ______________________________________________________________________ COME NOW the plaintiffs, by their attorneys, and respectfully move this Honorable Court for permission to amend their Complaint. The proposed Amended Complaint is attached hereto. Counsel for plaintiffs hereby certify they consulted with defense counsel, advising him they would amend the Complaint to specifically name the previously noted "John Doe" defendants. Defense counsel cooperated by providing the identities of the three police officers named in the attached Amended Complaint. CIVIL ACTION NO. 04-1254-GMS

Case 1:04-cv-01254-GMS

Document 23

Filed 09/09/2005

Page 2 of 2

Dated this 9th day of September 2005.

/s/ Anne T. Sulton Anne T. Sulton Admitted: Pro Hac Vice Sulton Law Offices Post Office Box 2763 Olympia, WA 98507 Telephone: (609) 468-6029 E-Mail: [email protected] LOCAL COUNSEL: /s/ Kester I.H. Cross Kester I.H. Crosse Delaware State Bar I.D. #638 1214 King Street Wilmington, DE 19801 Telephone: (302) 658-3488 E-Mail: [email protected]

CERTIFICATE OF SERVICE I hereby certify that on September 9, 2005, I electronically filed with the Clerk of Court using CM/ECF which will send notification of such filing(s) to the following: Attorney John Parkins E-mail [email protected]

/s/ Kester I.H. Cross Kester I.H. Crosse Delaware State Bar I.D. #638 1214 King Street Wilmington, DE 19801 Telephone: (302) 658-3488 E-Mail: [email protected]