Quals et al v. Lunn et al

Filing 35

ORDER granting 34 GRANTING PLAINTIFF HYBRID FINANCE LTD.'S MOTION TO AMEND CAPTION OF COMPLAINT. The caption of this case is AMENDED to reflect that plaintiff Hybrid Finance, Limited, is an Israeli company. By Judge Robert E. Blackburn on 7/9/12.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-01453-REB-KMT
DERRICK A. QUALS,
HYBRID FINANCE, LIMITED, a British Virgin Islands company, and
F CUBED.ca INVESTMENTS, LIMITED, a Canadian company,
Plaintiffs,
v.
GEOFFREY H. LUNN,
MICHAELD SCHMIDT,
VINCENT CURRY, and
WGC GROUP, INC., a Nevada corporation,
Defendants.

ORDER GRANTING PLAINTIFF HYBRID FINANCE LTD.’S
MOTION TO AMEND CAPTION OF COMPLAINT
Blackburn, J.
The matter before me is Plaintiff Hybrid Finance Ltd.’s Motion To Amend
Caption of Complaint [#34]1 filed July 5, 2012. Plaintiff seeks to correct the case
caption by amendment to show its true place of incorporation. I grant the motion.
In the original caption, plaintiff apparently was misidentified as being a British
Virgin Islands corporation, which, in fact, is only “the locale of one of [its] ownership
entities[.]” (Motion at 2.) In fact, it is an Israeli company. Having thus been advised of
the premises, I find and conclude that the motion should be granted and the caption
amended to reflect plaintiff’s actual place of incorporation. See Hernandez-Avila v.
1

“[#34]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

Averill, 725 F.2d 25, 28 (2nd Cir. 1984) (“[C]ourts generally will allow an amendment
under Rule 15 to correct technical defects in the caption.”) (quoting 5 C. Wright & A.
Miller, Federal Practice & Procedure § 1321 at 461 (1969)) (internal quotation marks
omitted).
THEREFORE, IT IS ORDERED as follows:
1. That Plaintiff Hybrid Finance Ltd.’s Motion To Amend Caption of
Complaint [#34] filed July 5, 2012, is GRANTED; and
2. That the caption of this case is AMENDED to reflect that plaintiff Hybrid
Finance, Limited, is an Israeli company.
Dated July 9, 2012, at Denver, Colorado.
BY THE COURT:

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