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

Case 1 :04-cv-01376-KAJ Document 50 Filed 03/13/2005 Page 1 of 3
IN THE UNITED STATED DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FRANK E. ACIERNO, CHRISTIANA :
TOWN CENTER, LLC, a Delaware limited :
liability company, 395 ASSOCIATES, I..LC,:
a Delaware limited liability company, :
ESTATE HOMES, INC., a Delaware :
corporation, :
Plaintiffs, C,A, No, 04-1376
v.
GEORGE O. HAGGERTY, individually andi
in his official capacity as Assistant General :
Manager of the New Castle County :
Department of Land Use, SCOTT O. :
WHICOX, individually and in his official :
Capacity as a First Assistant County 1
Attorney, TIMOTHY P, MULLANEY, 1
individually and in his capacity as New :
Castle County Attorney, CHARLES L. :
BAKER, individually and in his capacity as :
General Manager of the New Castle County :
Department of Land Use, I AMES H. :
EDWARDS, individually and in his capacity:
As Inspections Manager and Licensing ;
Division Manager of the New Castle County:
Department of Land Use, and SHERRY L, :
FREEBERY, in her individual capacity as :
Chief Administrative Office of New Castle :
County, and NEW CASTLE COUNTY, a :
political subdivision ofthe State of :
Delaware, :
Defendants. JURY TRIAL DEMANDED
PLAINTIFFS’ MOTION FOR LEAVE OF COURT
TO FILE SECOND AIVENDED COMPLAINT
The Plaintiffs, by and through their undersigned counsel, hereby move this Court
for leave to file a Second Amended Complaint in this action to: I) clarify the type of
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Case 1:04-cv-01376-KAJ Document 50 Filed O3/13/2005 Page 2 of 3
damages sought; 2) clarify which Counts are brought against which Defendants; 3) name
Sterling Property Holdings, Inc., as an additional party Piaintiff; 4) add additional
allegations against Defendants Scott G. Wilcox, Charles L. Baker, and Sherry L.
Freebery arising from the unlawful expiration of a record major subdivision plan for a
shopping mall project owned by Plaintiff Frank E, Acierno known as the Christiana
Fashion Center on March i3, 2002; and 5) add further allegations against Defendants
George O. Haggerty and Sherry L. Freebery related to actions taken late last year
regarding enforcement efforts at a residential subdivision known as the Estates of
Farmington. A copy of the proposed Second Amended Complaint is attached. A briefing
schedule will be arranged if needed, but was not possible at the time of the filing of this
Motion due to the time sensitive nature ofthe Motion
if Bt t?DFIRM / .
I // fl I
Richard L. Abbott, Esquire (ID. No. 2712}
222 Deiaware Avenue, Suite 900
P.O. Box 25130
Wilmington, DE 19899
(.302) 429-4225
Attorney for Plaintiffs
Frank E. Acierno, Christiana Town Center,
LLC, 395 Associates, LLC and Estate
Homes, Inc.
Dated: March 13, 2005
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Case 1:04-cv-01376-KAJ Document 50 Filed 03/13/2005 Page 3 of 3
CERTIFICATE OF SERVICE
I, Richard L. Abbott, Esquire, do hereby certify that on this 13m day of March,
2005, I caused the foregoing Plaintiffs’ Motion For Leave Of Court To File Second
Amended Complaint to be electronicall y filed with this Court, and to be served upon the
helow—listed individuals according to electronic notification:
Collins I. Seitz, Jr., Esquire Michael P. Kelly, Esquire
Matthew F. Boyer, Esquire Paul Bradley, Esquire
Max B. Walton, Esquire McCarter & English
Connolly Bove Lodge & Hutz, LLP 919 N. Market Street, Suite 1800
The Neiriours Building Wilmington, DE 19801
1007 North Orange Street
Wilmington, DE 19801 Claire M. Del\/Iatteis, Esquire
C. Clark Hodgson, Ir., Esquire
Jeffrey I. Pasek, Esquire Stradley Ronon
Shelly A. Kinsella, Esquire 300 Delaware Avenue, Suite 1018
Cozen O’Connor Wilmington, DE 19801
1201 North Market Street, Suite l.400
Wilmington, DE 19801 Dennis J Siebold, Esquire
New Castle County Department of Law
Joseph R. Biden, IH, Esquire 87 Reads Way
lan Connor Bift`erato, Esquire New Castle, DE 19720
Joseph K. Koury, Esquire
Bifferato, Gentilotti & Biden, P./-\..
1308 Delaware Avenue
Wilmington, DE 19806
1 vi a
, I . ` , ·

Richard L. Abbott, Esquire (LD. 2712)
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