EVANS et al v. LINDEN RESEARCH, INC. et al

Filing 13

MOTION for Leave to File Second Amended Complaint filed by CARL EVANS.. (Attachments: # 1 Text of Proposed Order)(ARCHINACO, JASON)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA PHILADELPHIA CARL EVANS, DONALD SPENCER, VALERIE SPENCER, CINDY CARTER, individuals, on Behalf of themselves and for the Benefit of all with the Common or General Interests, Any Persons Injured, and All Others Similarly Situated, Plaintiffs, v. LINDEN RESEARCH, INC., a corporation, and PHILIP ROSEDALE, an individual, JURY TRIAL DEMANDED Defendants. MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND NOW COME, the Plaintiffs, by and through their attorneys, Jason A. Archinaco, Esquire and the law firm of Pribanic Pribanic + Archinaco LLC, and files the following Motion for Leave to File Amended Complaint. 1. 2. 3. On or about April 14, 2010, Plaintiffs filed their Complaint. On or about June 15, 2010, Plaintiffs filed their First Amended Complaint. Count I of Plaintiffs' Complaint and Plaintiffs' First Amended Complaint CIVIL DIVISION No. 10-cv-1679

sought relief under the California Consumer Remedies Act, Ca. Civ. Code § 1750, et. seq. 4. Section 1780(d) of the California Consumer Remedies Act requires the

submission of an affidavit stating "facts showing that the action has been commenced in a county or judicial district described in this section as a proper place for the trial of the action."

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5.

Plaintiffs did not attach the requisite affidavit at the time of filing their

Complaint or First Amended Complaint. 6. As such, Plaintiffs seek leave of Court to filed a Second Amended

Complaint and attach the Declaration of Carl Evans, which has previously been filed with this Court as Exhibit 2 to Plaintiffs' Brief in Opposition to Defendants' Motion to Dismiss. 7. Plaintiffs' counsel contacted Defendants' counsel prior to filing this

Motion and Defendants consent to the relief sought in this Motion.

Respectfully submitted, Date: August 6, 2010 PRIBANIC, PRIBANIC + ARCHINACO LLC

By JAA7341 Jason A. Archinaco. PA ID 76691 513 Court Place Pittsburgh, PA 15219 [phone] Counsel for Plaintiffs

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