Almer v. Peanut Corporation of America

Filing 840

Almer v. Peanut Corporation of America

Doc. 840

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ____________________________________________ In re: GUIDANT CORP. IMPLANTABLE DEFIBRILLATORS PRODUCTS LIABILITY LITIGATION ____________________________________________ This pleading specifically relates to: MDL No. 05-1708 (DWF/AJB)

MDL No. 06-3822 (DWF/AJB)

RUDY GONZALES and SHARADA GONZALES, JOHN MORRIS and MARILYN MORRIS, PAUL SHEPPARD, MARK PANETTA and DEBORAH PANETTA, RICHARD BALZER and LIZBETH BALZER, JOHN EGELKROUT and GAIL EGELKROUT, RUSSELL MATNEY, and CHARLES PARDUN, Plaintiffs, -againstGUIDANT CORPORATION, et al., Defendants, _____________________________________________

MOTION FOR LEAVE OF COURT TO FILE AMENDED COMPLAINT BY ADOPTION

MOTION FOR LEAVE OF COURT TO FILE AMENDED COMPLAINT BY ADOPTION The Plaintiffs, by and through Counsel, for their Motion for Leave of Court to File Amended Complaint by Adoption, allege and state as follows: 1. this cause. 2. Said Complaint By Adoption contained a Count for Loss of Consortium, however On September 25, 2006, a Device Recipient Complaint By Adoption was filed in

no spousal information was provided. 3. The Amended Complaint By Adoption contains the necessary spousal

Dockets.Justia.com

information and does not claim any additional Counts not previously included in the original Complaint By Adoption. 4. Defendants will not be adversely prejudiced by the granting of this Motion.

Respectfully submitted Date: November 2, 2006 , /s/ John P. Wagner John P. Wagner SimmonsCooper, LLC 707 Berkshire Blvd., P.O. Box 521 East Alton, IL 62024 Tel. [phone] Fax [phone] [e-mail]

CERTIFICATE OF SERVICE I hereby certify that on November 2, 2006, a copy of the foregoing Motion for Leave of Court to File Amended Complaint by Adoption was filed via the Court's CM/ECF electronic filing system. Notice of this filing will be sent to all parties of record by the Court's CM/ECF electronic filing system. Parties may access this filing through the Court's electronic filing system. /s/ John P. Wagner John P. Wagner

2