Free Motion to Amend Pleadings - Rule 15 - District Court of Federal Claims - federal

Case 1:05-cv-01252-CFL

Document 18

Filed 05/31/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) ) ) ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________)

THE TRAVELERS INSURANCE COMPANY, Successor in Interest by Merger to GULF INSURANCE COMPANY P.O. Box 131771 Dallas, TX 75313,

CASE NO. 05-1252C

MOTION TO AMEND COMPLAINT TO CORRECT PARTY NAME Plaintiff, The Travelers Insurance (sic) Company, Successor in Interest by Merger to Gulf Insurance Company, through undersigned counsel and pursuant to United States Court of Federal Claims Rule ("RCFC") 15(a), respectfully moves this Court for leave to amend its Complaint in this matter to correct an inadvertent mistake. This amendment seeks to correct a deficiency in the original pleading with regard to Plaintiff's proper, corporate name. In this regard, Plaintiff's proper name is The Travelers Indemnity Company, Successor in Interest by Merger to Gulf Insurance Company. The word "Insurance" was inadvertently substituted for "Indemnity" in the initial pleading. The requested amendment merely corrects a pleading defect and does not affect the substantive rights of the parties. Consonant with RCFC 15(a), which provides that "leave shall be freely given when justice so requires," Plaintiff requests that this Court permit this amendment in the interest of accuracy of the pleadings. Plaintiff's counsel has discussed this motion with Defendant's

Case 1:05-cv-01252-CFL

Document 18

Filed 05/31/2006

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counsel, who has no objection to this motion. A corrected copy of the Complaint reflecting Plaintiff's proper name is attached hereto as Attachment A. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion to Amend the Complaint to Correct Party Name and order that all future references to Plaintiff by the parties and this Court be made in its proper name, The Travelers Indemnity Company, Successor in Interest by Merger to Gulf Insurance Company. Dated: May 31, 2006. Respectfully submitted,

/s Robert G. Barbour Robert G. Barbour, Esquire WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P. 8405 Greensboro Drive, Suite 100 McLean, Virginia 22102-5104 (703) 749-1000 (Telephone) (703) 893-8039 (Facsimile) Attorney for Plaintiff The Travelers Indemnity Company, Successor in Interest by Merger to Gulf Insurance Company

Case 1:05-cv-01252-CFL

Document 18

Filed 05/31/2006

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CERTIFICATE OF FILING I hereby certify that on this 31st day of May 2006, a copy of foregoing MOTION TO AMEND COMPLAINT TO CORRECT PARTY NAME was electronically filed. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system.

/s Robert G. Barbour

Doris S. Finnerman, Attorney Trial Attorney Commercial Litigation Branch Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530