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

Case 1:04—cv—OO175-JJF Document 138 Filed 09/17/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT __ _ V
. FOR THE DISTRICT OF DELAWARE ‘ ` * I I
JOSEPH LAWRENCE CURRY, ) I
Plaintiff I I II I I
I
v. ) , _ .
) Civil Action No.: 00175-JJF ` I
GREGORY HOPKINS, I
Defendant I I I
I
I
PLAlNTlFF’S MOTION FOR LEAVE TO AMEND COMPLAINT III I I
Plaintiff Joseph Lawrence Curly, by his undersigned attorneys appointed I
by the Court through the Federal Civil Panel, brings this motion pursuant to . I ·
Federal Rule of Civil Procedure 15(a) to request leave of the Court to amend
Plaintiff’s complaint, filed pro se in this Court on March 22, 2004 (D.I. 2). Plaintiff I I
attaches to this Motion, as a courtesy to the Court, the proposed Amended
Complaint, and does pray that the Court grant the relief requested herein. In II
support of its Motion, the Plaintiff states as follows: _ I- _
1. The plaintiff filed this case pro-se alleging that the Defendant, Officer I I I
Gregory Hopkins, employed excessive force during his arrest on January I
13,2004. I
2. The Plaintiff further alleges that Officer Hopkins ordered his K-9 Unit to 1
attack the Plaintiff both before after the Plaintiff was subdued.
3. The case was originally assigned to The Honorable Kent A. Jordan.
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Case 1:O4—cv—OO175-JJF Document 138 Filed 09/17/2007 Page 2 of 4

4. This case was re-assigned to the Honorable Joseph J. Faman, and the l
case was referred to the Federal Civil Panel (D.l. 127).
5. An Order appointing the undersigned as Plaintiff’s counsel was entered on
June 14, 2007 (D.l. 130). ’ d
6. Plaintiffs proposed Amended Complaint is attached hereto.
Date: September 17, 2007 Respectfully submitted,
CONNOLLY BOVE LODGE & HUTZ
LLP g
/s/Brian R. Lemon (#4730)
Scott E. Swenson (#4766)
Brian R. Lemon (#4730)
The Nemours Building
1007 North Orange Street
P.O. Box 2207
Wilmington, Delaware 19899-2207 '
Telephone: 302—888—6319
Facsimile: 302-658-5614
[email protected]
sswenson • cblh.com , _
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Case 1:O4—cv—OO175-JJF Document 138 Filed 09/17/2007 Page 3 of 4 i
IN THE UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF DELAWARE 4
JOSEPH LAWRENCE CURRY, )
) O
Plaintiff, )
)
v. ) Civil Action No. 04-175-·JJF
)
GREGORY HOPKINS, )
)
)
Defendant. )
ORDER ALLOWING FOR AMENDED COMPLAINT
WHEREAS, PIaintiff’s Motion for Leave to Amend the Complaint has been
duly considered by the Court, '
IT IS SO ORDERED, this day of , 2007 that the
Complaint be and hereby is amended as proposed in the P|aintiff’s foregoing
motion and accompanying documents.
United States District Judge
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Case 1:04—cv—O0175-JJF Document 138 Filed 09/17/2007 Page 4 of 4
I RULE 7.1.1 CERTIFICATION
I certify that counsel for the Plaintiff attempted to confer by telephone and
by written correspondence regarding the merits of this l\/lotion. On August 24,
2007, the Plaintiff notified the Defendant both by phone and by letter that the
l Plaintiff wished to amend the Complaint, and provided the Defendant with a copy
of the proposed Amended Complaint for Defendants comment. Plaintiff caused
a second letter to the Defendant to be delivered on September 13, 2007
requesting that the Defendant contact Counsel for the Plaintiff by September 17,
2007 regarding this matter and informing the Defendant that the Plaintiff would
file the present motion and this certification on that date. Additionally, Plaintiff left
Defendant two voicemail messages regarding this matter. The Defendant did not
respond to any of these attempts to discuss PIaintiff’s desire to amend the
Complaint. Accordingly, this Motion is presented to the Court for determination.
/s/Brian R. Lemon
Brian R. Lemon (# 4730)
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