Almer v. Peanut Corporation of America

Filing 843

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Almer v. Peanut Corporation of America Doc. 843 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA _____________________________________________ In re: GUIDANT CORP. IMPLANTABLE DEFIBRILLATORS PRODUCTS LIABILITY LITIGATION _____________________________________________ This pleading specifically relates to: PATRICK BOYCE, KENNETH BORING and BEVERLY BORING, ROBERT BUNNEY, THOMAS ANGLIN and ROBERTA ANGLIN, PETE BUZOFF, RONALD STAFFORD and LINDA STAFFORD, ROBERT GERREN, SUSAN BREHONY, REINALDO ABRAHAM and LEIDA ABRAHAM, MICHAEL ALMODOBAR, JOHN BEAL, WALTER DAVIS, PAUL LEONCINI and EDITH LEONCINI, Plaintiffs, -againstGUIDANT CORPORATION, et al., Defendants, _______________________________________________ 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 5, 2006, a Device Recipient Complaint By Adoption was filed in MDL No. 05-1708 (DWF/AJB) MDL No. 06-3566 (DWF/AJB) MOTION FOR LEAVE OF COURT TO FILE AMENDED COMPLAINT BY ADOPTION no spousal information was provided. Dockets.Justia.com 3. The Amended Complaint By Adoption contains the necessary spousal 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. (618) 259-2222 Fax (618) 259-2251 jwagner@simmonscooper.com 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

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