Yoder, et al v. Town of Morristown, et al

Filing 105

MOTION to Amend/Correct 13 Answer to Complaint to clarify and supplement an affirmative defense Motion Hearing set for 4/3/2012 11:00 AM in Albany before Senior Judge Neal P. McCurn Response to Motion due by 3/19/2012 filed by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Attachments: # 1 Declaration Laws Declaration, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Memorandum of Law, # 7 Appendix unreported case, # 8 Appendix unreported case, # 9 Appendix unreported case, # 10 Appendix unreported case, # 11 Appendix unreported case, # 12 Appendix unreported case, # 13 Appendix unreported case, # 14 Appendix unreported case, # 15 Affidavit certificate of service) Motions referred to Therese Wiley Dancks. (Laws, April)

Download PDF
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK _____________________________________________________________ LEVI YODER, JONAS ZOOK, SAM ZOOK, JOHN L. HERSHBERGER, MENNO S. HERSHBERGER, URIE HERSHBERGER, MENNO L. GLICK, ANDY A. MILLER, DANNIE L. SWARTZENTRUBER, MOSIE SWARTZENTRUBER, PETER D. SWARTZENTRUBER, BISHOP HARVEY MILLER, and BISHOP MOSE MILLER, Plaintiffs, Civil Case No.: 7:09-cv-00007 (NPM/GHL) - against TOWN OF MORRISTOWN, LANETTA KAY DAVIS, in her official capacity; FRANK L. PUTMAN, in his official capacity; HOWARD WARREN, in his official capacity; DAVID STOUT, III, in his official capacity; MARK BLANCHARD, in his official capacity; CHRISTOPHER COFFIN, in his official capacity; and GARY TURNER, in his official capacity, Defendants. _____________________________________________________________ DECLARATION April J. Laws, hereby declares under penalties of perjury: 1. I am associated with the law firm of Lemire Johnson, LLC, attorneys for the Defendants in the above-referenced action. I am familiar with the facts and procedural history of this action. 2. I respectfully submit this Declaration in support of Defendants’ motion for leave to amend their Answer pursuant to FRCP 15(a) to clarify and supplement an Affirmative Defense. 3. Attached hereto as Exhibit “A” is a true and accurate copy of Plaintiffs’ Complaint, dated January 6, 2008. 4. Attached hereto as Exhibit “B” is a true and accurate copy of Defendants’ Answer, dated March 17, 2009. 5. Attached hereto as Exhibit “C” are true and accurate copies of electronic communications between counsel for parties, Messrs. Johnson and Hirschhorn regarding amending pleadings. 6. Attached hereto as Exhibit “D” is a copy of Defendants’ proposed Amended Answer. WHEREFORE, Defendants respectfully request that the Defendants’ motion pursuant to pursuant to FRCP 15(a) be granted in its entirety, and for such other and further relief as the Court deems appropriate. I declare under penalty of perjury that the foregoing is true and correct. Executed this 17th day of February, 2012. s/April J. Laws __________________________________ April J. Laws (517148)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?