Clark v. The Walt Disney Company et al

Filing 43

MOTION for Leave to File Second Amended Complaint by Plaintiff Aaron Clark. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M) (Dickerson, Brian)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRIC OF OHIO EASTERN DIVISION AARON CLARK, : : Plaintiff, : v. : : THE WALT DISNEY COMPANY, et : al. : : Defendants. : : :

Case No. 2:08CV982 Judge Holschuh Magistrate Judge Abel

PLAINTIFF AARON CLARK'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT, INSTANTER Pursuant to Rule 15 of the Federal Rule of Civil Procedure, Plaintiff Aaron Clark ("Plaintiff") by and through his attorneys, respectfully move this Honorable Court for leave to file a Second Amended Complaint, Instanter. On February 17, 2009, leave was granted to file a First Amended Complaint naming inter alia, Defendants Disney Interactive Media Group and Disney Online (Doc. 27). Defense counsel has informed the undersigned that Defendants Disney Interactive Media Group and Disney Online are not the proper Defendants. As such, Plaintiff has dismissed, without prejudice, Defendants Disney Interactive Media Group and Disney Online (Doc. 42) and respectfully seeks leave from this Honorable Court to file a Second Amended Complaint naming the proper party, Defendant Disney Shopping, Inc. Rule 15 provides "a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." Fed.R.Civ.P. 15(a)(2). Counsel for Defendants, in written electronic communication dated April 23, 2009, consented to accepting service of the Second Amended Complaint on behalf of Disney Shopping, Inc.

The Second Amended Complaint seeks to add corporate Defendant Disney Shopping, Inc., who has been identified by Defense Counsel as the proper Defendant. The Second

Amended Complaint maintains the same counts and allegations of the First Amended Complaint and asserts similar allegations which are specific to Defendant Disney Shopping, Inc. WHEREFORE, Plaintiff respectfully requests leave of this Honorable Court to file a Second Amended Complaint, Instanter. Dated: May 1, 2009 Respectfully submitted, /s/ Brian E. Dickerson_________________ Brian E. Dickerson (0069227) Sharlene I. Chance (0070999) Kevin R. Conners (0042012) THE DICKERSON LAW GROUP, P.A. 5003 Horizons Drive, Suite 101 Columbus, OH 43220 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff Aaron Clark CERTIFICATE OF SERVICE I hereby certify that on May 1, 2009, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system upon counsels of record. /s/ Sharlene I. Chance__________________ Sharlene I. Chance (0070999) Attorney for Plaintiff Aaron Clark

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