Scott v. Scribd, Inc

Filing 245

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Scott v. Scribd, Inc Doc. 245 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Robert L. Franks Plaintiff, v. Chevron Corporation, Chevron USA Inc., Seacor Marine LLC, and Seacor Offshore Inc. Defendants. C. A. NO. 06-506 Jury Trial Requested PLAINTIFF'S OPPOSED MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT Plaintiff respectfully asks the Court to allow Plaintiff to file his First Amended Complaint so that he may refine the allegations underlying this lawsuit and to request a trial by jury. A copy of Plaintiff's First Amended Complaint is attached as "Exhibit A" to this motion. On June 7, 2007, this case was transferred to this Court from the docket of the Honorable Samuel B. Kent. In accordance with Judge Kent's local practice, this case was set on a jury docket and was to be heard by an advisory jury. As a result of the transfer, it has become unclear whether Plaintiff's case will remain on the jury docket. By granting this motion, the Court will allow Plaintiff to meet his long-existing expectations with regard to a trial by jury of his fellow citizens. Counsel for Defendant Chevron USA, Inc. is unopposed to this Motion. Plaintiff has contacted but has not heard back from the other parties as to their position, therefore, out of an abundance of caution, we are filing this motion as opposed. Accordingly, and after considering the fact that leave to amend a complaint shall normally be freely given, Plaintiff respectfully requests that this Honorable Court grant his Motion. Dated: June 14, 2007 Respectfully submitted, ARNOLD & ITKIN LLP /s/ Kurt B. Arnold Kurt B. Arnold State Bar No. 24036150 Southern District of Texas No. 36185 5 Houston Center 1401 McKinney Street, Suite 2550 Houston, Texas 77010 Telephone: (713) 222-3800 Facsimile: (713) 222-3850 Attorney-in-Charge for Plaintiff OF COUNSEL: Caj Boatright State Bar No. 24036237 Southern District of Texas No. 650384 ARNOLD & ITKIN LLP 5 Houston Center 1401 McKinney Street, Suite 2550 Houston, Texas 77010 Telephone: (713) 222-3800 Facsimile: (713) 222-3850 CERTIFICATE OF CONFERENCE Counsel for Plaintiff has conferred with counsel for Defendant on June 11, 2007, in a good faith effort to resolve the matters raised by this motion, and counsel for Defendant is opposed/unopposed as to the disposition of the matters raised in this motion. /s/ Kurt B. ARnold Kurt B. Arnold -2- CERTIFICATE OF SERVICE I certify that on June 15, 2007, a copy of the foregoing was served upon the following counsel of record in compliance with Rule 5 of the Federal Rules of Civil Procedure: Michael A. Golemi John G. Almy Liskow & Lewis Three Allen Center 333 Clay Street, Suite 3485 Houston, TX 77002 Counsel for Defendant Chevron USA, Inc. King Waters WATERS & WATERS 2008 West McKinney Houston, TX 77019 Counsel for Defendant Seacor Marine L.L.C. /s/ Kurt B. Arnold Kurt B. Arnold -3-

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