Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:03-cv-00930-CFD

Document 45

Filed 01/16/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

ROBERT T. PARKER Plaintiff v. HARTFORD PARKING AUTHORITY and

: : : : :

CIVIL ACTION NO.

3:03CV930(CFD)

: : MERYTH DEAN WILLIAMS, : Chairperson, Hartford Parking Authority : in her official and individual capacity : and : : SERAFIN MENDEZ MENDEZ : Treasurer, Hartford Parking Authority : in his official and individual capacity : Defendants :

January 16, 2004

PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND MEMORANDUM IN SUPPORT The plaintiff, Robert Parker, hereby moves for leave to file his second amend complaint in the above matter. The complaint adds facts that the plaintiff has discovered since filing this complaint that support a cause of action for breach of Mr. Parker's rights to due process of law. Under Rule 15(a) of the Federal Rules of Civil Procedure, the federal courts have adopted a liberal policy for granting amendments to the pleadings. The courts routinely grant parties leave to amend so long as the amendments cause no prejudice to the opposing party or unduly delay the litigation. Foman v. Davis, 37l U.S. l78 (l962). The amendments proposed here conform to these standards.

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Case 3:03-cv-00930-CFD

Document 45

Filed 01/16/2004

Page 2 of 3

Mr. Parker's second amended complaint does not prejudice the defendants because it merely adds facts and a cause of action that Mr. Parker discovered after receiving the defendants' personnel policies. The fact that discovery remains open in Mr. Parker's case and the parties are several months before trial further supports Ms. Parker's right to amend. For the foregoing reasons, the Court should grant Mr. Parker leave to file the proposed second amended complaint. THE PLAINTIFF, ROBERT T. PARKER

By: ____________________________ Eliot B. Gersten (ct14632) GERSTEN & CLIFFORD 214 Main Street Hartford, CT 06106 Telephone No. (860) 527-7044 Fax No. (860) 527-4968 E-mail: [email protected] His Attorney - and -

By: ______________________________ Jonathan L. Gould, Esq. (ct 05237) Law Offices of Jonathan L. Gould 214 Main Street Hartford, CT 06106 Tel: 860-278-9115 Fax: 860-278-9124 E-mail: [email protected] His Attorney

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Case 3:03-cv-00930-CFD

Document 45

Filed 01/16/2004

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was mailed, via regular U.S. Mail, postage prepaid, to all counsel and pro se parties of record on January 16, 2004 as follows: Jill Hartley, Esq. Michael G. Albano Sabia & Hartley, LLC 190 Trumbull Street, Suite 202 Hartford, CT 06103

______________________ Jonathan L. Gould

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