216 Jamaica Avenue v. S & R Playhouse Realty Co.

Filing 50

Motion for leave to Amend Answer Instanter filed by Defendant S & R Playhouse Realty Co.. (Attachments: # 1 Brief in Support for Motion to Amend Answer, # 2 Exhibit Motion for Leave to Amend Answer, # 3 Exhibit Motion for Leave to Amend Answer)(Walters, Gary)

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216 Jamaica Avenue v. S & R Playhouse Realty Co. Doc. 50 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION 216 JAMAICA AVENUE, LLC, Plaintiff, v. S & R PLAYHOUSE REALTY CO., Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:06CV1288 JUDGE CHRISTOPHER A. BOYKO DEFENDANT S&R PLAYHOUSE REALTY CO.'S MOTION FOR LEAVE TO AMEND ANSWER INSTANTER Pursuant to Fed. R. Civ. P. 15(a), S&R Playhouse Realty Co. ("S&R") respectfully moves this Court for leave to amend its Answer for the purpose of having a full and fair opportunity to present all of its defenses, including the additional defenses of equitable estoppel and impracticability/impossibility. S&R has not previously amended its Answer. A memorandum in support is attached and incorporated herein. S&R requests that the Court deem the Amended Answer (attached as Exh. A to the memorandum in support) filed upon granting S&R's Motion for Leave to Amend Answer Instanter. Respectfully submitted, /s/ Gary L. Walters Stephen D. Williger (0014342) Gary L. Walters (0071572) THOMPSON HINE LLP 3900 Key Center 127 Public Square Cleveland, Ohio 44114-1291 (216) 566-5500 (216) 566-5800 � Fax Attorney for Defendant Dockets.Justia.com

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