BabyAge..com, Inc. v. Leachco, Inc.

Filing 72

MOTION to Amend/Correct 52 Answer to Amended Complaint, Third Party Complaint, Counterclaim by Leachco, Inc., Jamie S Leach. (Attachments: # 1 Exhibit(s) A - Proposed Amended Pleading, # 2 Exhibit(s) B - Marked-Up Version of Proposed Amended Pleading, # 3 Exhibit(s) C - Proposed Order)(Peterson, Gary)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BABYAGE.COM, INC. et al., Plaintiff-Counterclaim Defendants/, Third Party Defendants, v. LEACHCO, INC. et al., Defendant-Counterclaim Plaintiffs/ Third Party Plaintiffs. ) ) ) ) ) ) ) ) ) ) ) N o . 3:07-cv-01600-ARC (Judge A. Richard Caputo) (electronically filed) MOTION OF LEACHCO, INC. AND JAMIE S, LEACH FOR LEAVE TO FILE SECOND AMENDED ANSWER Pursuant to Rule 15(a)(2), Federal Rules of Civil Procedure, Leachco, Inc. AND Jamie S. Leach move for leave to file a Second Amended Answer. The proposed Second Amended Answer asserts an additional counterclaim for false patent marking against the Plaintiff Babyage.com, Inc. The proposed amended pleading is attached as Exhibit A. A marked up version of the proposed amended pleading, highlighting the changes from the prior version, is attached as Exhibit B. A proposed Order is attached as Exhibit C. The grounds for this Motion are explained in the accompanying Brief. Mr. Katsock, counsel for Babyage.com, Inc. and John M. Kiefer, Jr., advises that he opposes this Motion. 1 Respectfully submitted, s/ Gary Peterson Gary Peterson OK 7068 211 N. Robinson Ave., Suite 450 South Oklahoma City, OK 73102 telephone: (405) 606-3367 fax: (866) 628-0506 email: gp@garypeterson.com Sean V. Kemether PA 70816 Kelly Grimes Pietrangelo & Vakil, P.C. P.O. Box 1048 Media, PA 19063-0848 telephone: 610-565-2669 fax: 610-565-0780 email: skemether@kgpv.com Attorneys for Defendant and Counterclaim Plaintiffs 2 CERTIFICATE OF SERVICE I certify that I electronically transmitted this document to the Clerk using the ECF System so as to cause transmittal of a Notice of a Electronic Filing to the following ECF registrant: Andrew J. Katsock, III Attorney for Defendant, on August 15, 2008. s/ Gary Peterson