Free Response in Opposition to Motion - District Court of Arizona - Arizona

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theory. Accordingly, this Court should dismiss the claim and deny her motion to amen the complaint.

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III.

CONCLUSION This Court should strike Plaintiffs First Amended Complaint and deny her motio

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to amend because Plaintiff filed an amended Complaint adding a new charge withou explaining to the court why she could not have pled this charge in her original Complaint,

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because the facts show that Plaintiff has filed the amended Complaint as a litigation tacti rather than a good faith effort to conform the Complaint to the alleged facts, and becaus

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Plaintiff s added charge fails to state a claim upon which relief can be granted.
RESPECTFULL Y SUBMITTED this 19th day of August, 2005. CALDERON LAW OFFICES

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~ Calderon C-/~ Ernest
Faith C. Klepper Attorneys for Defendant Chase Bankcard Services, Inc.

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Case 2:02-cv-02157-SRB

Document 43-2

Filed 08/19/2005

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