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

Case 1:08-cv-00471-SLR Document 11 Filed 08/25/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE _
In re the Application of:
I DIANA TERREROS CASTILLO, A
A Petitioner,
I v. A C.A. No. 08-CV-471 (SLR)
\ FABER CASTILLO,
Respondent.
I :
S MOTION FOR LEAVE TO AMEND PETITION
Petitioner, Diana Castillo Terreros, through her undersigned counsel, seeks leave
pursuant to Federal Rule of Civil Procedure 15 to amend her original Petition For The Return
Of Minor Child To Colombia Pursuant To The Hague Convention On The Civil Aspects Of
J International Child Abduction. In support of her motion, Petitioner states the following:
i 1. Petitioner filed her original Petition on July 29, 2008, alleging that Respondent
J had wrongfully retained the pa1ties’ minor child when she visited Respondent in Delaware
I from her home in Colombia, despite the parents’ agreement that she would retum to Colombia
on July 29, 2007. The primary change in the Amended Petition is the addition of facts learned
I in the past few days when the Petitioner’s counsel was finally able to speak with her on the
. telephone for the first time with the assistance of a translator. After speaking with the
I Petitioner, it became clear that the Respondent had persuaded the Petitioner to send their
l daughter for a visit to Delaware under false pretenses, and that those facts give rise to a
separate claim for wrongful removal.
I .

Case 1:08-cv-00471-SLR Document 11 Filed 08/25/2008 Page 2 of 4
2. The Amended Petition thus adds an alternative claim that the Respondent
wrongfully removed the parties’ daughter Hom Colombia. As alleged in the Amended ·
Petition, the Respondent obtained permission from the Petitioner for their daughter to come to
i the United States for a visit during her summer break from school, and he gave a precise date
when their daughter would be returned to Colombia a month later. However, as set forth in the
p Amended Petition, he had in fact planned for several months to keep the parties’ daughter in
i Delaware permanently and had taken steps to that end without the Petitioner’s knowledge or
consent.
i 3. The reason for this amendment is to put the Court and opposing counsel on
notice of Petitioner’s claims in advance of the hearing on Friday to avoid undue surprise.
Counsel for the Respondent has stated that he reviewed the Amended Petition with his client
1 and that his client opposes the amendment, however the Respondent has not provided any
substantive or legal basis for his opposition.
4. A copy of the Amended Petition is attached hereto as Exhibit "A," and a black-
i lined copy of the Petition, reflecting the changes made in the Amended Petition, is attached
l hereto as Exhibit "B."
WHEREPORE, the Petitioner respectfully requests that this Court grant her Motion for
i Leave to Amend the Petition, and deem tiled, as of the date of the Court’s order granting this
4 motion, the Amended Complaint attached hereto as Exhibit ‘°A."
STATENHENT PURSUANT TO LOCAL RULE 7.1.1
, The undersigned hereby certifies that he has made a reasonable effort to reach
i agreement with opposing counsel on the matters set forth in this motion, but that no agreement
was reached.
2

Case 1 :08-cv-00471-SLR Document 1 1 Filed 08/25/2008 Page 3 of 4
DATED: August 25, 2008 DUANE MORRIS LLP
1 /s/ Matt Neiderman
· Matt Neiderman (Del. I.D. No. 4018)
Aimee Czachorowski (Del. LD. No. 4670)
8 1100 North Market Street, 12m Floor
Wilmington, Delaware 19801
1 302.657.4900
Attorneys for Petitioner Diana Terreros
l Castillo
3

Case 1:08-cv-00471-SLR Document 11 Filed 08/25/2008 Page 4 of 4
CERTIFICATE OF SERVICE
I, Matt Neiderman, hereby certify this 25th day of August 2008 that the foregoing °
1 document was served as follows on the counsel below by:
E—FILING AND REGULAR MAIL
Andrew W. Gonser, Esq.
3411 Silverside Road
Hagely Building, Suite 203
Wilmington, DE 19810
1 DUANE MORRIS LLP »
1
/s/ Matt Neidemian
- Matt Neiderman (Del. LD. No. 4018)
1
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