Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:03-cv-02684-CFL

Document 523

Filed 08/17/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

Sheldon Peters Wolfchild, et al.

Plaintiffs, vs. United States, Defendant,

Case No. 03-2684L Judge Charles F. Lettow

INTERVENING PLAINTIFF GROUP GARREAU HALL'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT TO CORRECT NAMES IN THE CAPTION

COMES NOW the Intervening Plaintiff Group Garreau (Hall), by and through their undersigned counsel, and hereby moves the Court pursuant to RCFC 15(a) for leave to amend the Complaint in Intervention to correct the names of the Intervening Plaintiffs as they appear on birth certificates as ordered by the Court on August 6, 2007 at the status conference hearing. As grounds therefore, Intervening Plaintiff Group Garreau (Hall) states as follows: (1) At the time of the filing of the Complaint in Intervention in this action, the Intervening Plaintiff Group believed that the true and correct names of the Intervening Plaintiffs were as set forth in the Complaint. (2) Since that time, in preparing the spreadsheet pursuant to this Court's Order dated April

27, 2007 [Doc. No. 453], the Intervening Plaintiff Group Garreau (Hall) has discovered that some of the names of the Intervening Plaintiffs appeared incorrectly in the Complaint as compared to the birth

Case 1:03-cv-02684-CFL

Document 523

Filed 08/17/2007

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certificates. Said corrections are highlighted in bold and deletions are noted by strike through in the attached proposed Amended Complaint in Intervention. No new parties are added to this caption and none are removed. Thus, the compact disk containing the spreadsheet that has previously been provided to the Court, the Defendant and other counsel is correct and does not require any updating. WHEREFORE, Intervening Plaintiff Group Garreau (Hall) respectfully requests that the Court grant leave to file an Amended Complaint in Intervention to correct the names of Intervening Plaintiffs to reflect the names as provided on their birth certificates. Respectfully submitted this 17th day of August, 2007. LYNN, JACKSON, SHULTZ & LEBRUN, P.C.

By: /s/ Nicole Nachtigal Emerson Nicole Nachtigal Emerson P.O. Box 1920 Sioux Falls, SD 57101-3020 605-332-5999 605-332-4249 (Fax) [email protected] Attorneys for Intervenors Francine Garreau (Hall) et al. Member of the Court of Claims Bar

Case 1:03-cv-02684-CFL

Document 523

Filed 08/17/2007

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CERTIFICATE OF SERVICE

I hereby certify that on this 17th day of August, 2007, I directed that a true and correct copy of the Notice of Electronic Filing of the foregoing INTERVENING PLAINTIFF GROUP GARREAU HALL'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT TO CORRECT NAMES IN THE CAPTION be sent by U.S. Mail, First-Class Postage prepaid, to: Kermit A. Belgarde, #905798 Airway Heights Correction Center NORA UNIT B-39-L P.O. Box 1839 Airway Heights, WA 99001-1839 Francis Felix P.O. Box 141232 Minneapolis, MN 55414 Philip Baker-Shenk Holland & Knight, LLP 2099 Pennsylvania Avenue, NW Suite 100 Washington, DC 20006 The remaining counsel were served by electronic notice. Dated this 17th day of August, 2007. /s/ Nicole Nachtigal Emerson Nicole Nachtigal Emerson