Obergefell et al v. Kasich et al

Filing 20

MOTION to Amend/Correct Complaint by Plaintiffs John Arthur, James Obergefell. (Attachments: # 1 Exhibit Amended Complaint) (Gerhardstein, Alphonse)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
:
Case No. 1:13-cv-501
:
:
Judge Timothy S. Black
:
Plaintiffs,
MOTION TO AMEND
:
COMPLAINT
vs.
:
:
JOHN KASICH, et al,
:
:
Defendants.
:
:
Pursuant to Fed.R.Civ.Proc. 15(a)(2), Plaintiffs respectfully move to amend the
JAMES OBERGEFELL and
JOHN ARTHUR,

complaint to add as a plaintiff David Michener.
MEMORANDUM
Plaintiffs move to amend the complaint to add David Michener as a plaintiff. Rule 15 of
the Federal Rules of Civil Procedure provides that leave of the Court to amend a pleading “shall
be freely given when justice so requires.” Reasonable requests to amend should be viewed with
favor by the Court. See Wright and Miller, Federal Practice and Procedure, §1484, p.417 and
cases cited therein. Leave to amend should normally be granted unless the moving party is guilty
of undue delay, bad faith, dilatory motive, or the proposed amendment will be futile or cause
undue prejudice to the opposing party. Forman v. Davis, 371 U.S. 178, 182; 83 S.Ct. 227 (1962).
This amendment will not disturb the schedule set by the Court in this case. At all times in this
action Plaintiff has acted in good faith and without delay. No prejudice will be experienced by
any opposing party.
The Plaintiff respectfully requests that the motion to amend be granted.

Respectfully submitted,

Lisa T. Meeks (0062074)
Newman & Meeks Co., LPA
215 E. Ninth Street, Suite 650
Cincinnati, OH 45202
phone: [phone]
fax: [phone]
[e-mail]
Attorney for Plaintiffs

/s/ Alphonse A. Gerhardstein
Alphonse A. Gerhardstein # 0032053
Trial Attorney for Plaintiffs
Jennifer L. Branch #0038893
Jacklyn Gonzales Martin #0090242
Gerhardstein & Branch Co. LPA
Attorneys for Plaintiffs
432 Walnut Street, Suite 400
Cincinnati, Ohio 45202
[phone]
[phone] fax
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

CERTIFICATE OF SERVICE
I hereby certify that on September 3, 2013, a copy of the foregoing pleading was filed
electronically. Notice of this filing will be sent to all parties for whom counsel has entered an
appearance by operation of the Court’s electronic filing system. Parties may access this filing
through the Court’s system. I further certify that a copy of the foregoing pleading and the Notice
of Electronic Filing has been served by ordinary U.S. mail upon all parties for whom counsel has
not yet entered an appearance electronically.
/s/ Alphonse A. Gerhardstein
Alphonse A. Gerhardstein # 0032053