Ruston v. Church of Jesus Christ of Latter Day Saints et al

Filing 27

Defendant's MEMORANDUM in Opposition re 26 MOTION to Amend/Correct 3 Complaint, filed by Defendants Church of Jesus Christ of Latter Day Saints, Gordon B. Hinckley. (Richards, Matthew)

Ruston v. Church of Jesus Christ of Latter Day Saints et al

Doc. 27

Case 2:06-cv-00526-DB-DN

Document 27

Filed 06/12/2007

Page 1 of 3

Matthew K. Richards (#7972) Justin W Starr (#10708) KIRTON & McCONKIE 60 East South Temple, #1800 P.O. Box 45120 Salt Lake City, Utah 84111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH

LESTER JON RUSTON, Plaintiff, v. THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS; GORDON B. HINCKLEY; VICTOR JAMES RUSTON; MARGARET ELIZABETH RUSTON; JERRY HENDERSON; ALLISON RUSTONSMITH; MEL CHADWICK; KENT ROBERTSON; IAN JAMES RUSTON; BRAD OATES; AND LARRY K. HERCULES, Defendants.

CHURCH DEFENDANT'S MEMORANDUM IN OPPOSITION TO PLAINTIFF'S OMNIBUS MOTION TO AMEND COMPLAINT Case No.: 2:06cv00526DB Judge Benson Magistrate Judge Nuffer

Defendants The Church of Jesus Christ of Latter-day Saints ("LDS Church" or "the Church"), Gordon B. Hinckley, and any other defendant (if any) sued in his or her capacity as an ecclesiastical leader in the LDS Church (the "Church Defendants"), through counsel, submit this Memorandum in Opposition to Plaintiff's Omnibus Motion to Amend Complaint.

Dockets.Justia.com

Case 2:06-cv-00526-DB-DN

Document 27

Filed 06/12/2007

Page 2 of 3

ARGUMENT Plaintiff's complaint may not be amended without leave of court. See Fed. R. Civ. P. 15(a). The motion should be denied because any amendment would be futile. See Trujillo v. Williams, 465 F.3d 1210, 1224 (10th Cir. 2006). As explained in the Church Defendants' pending motion to dismiss, filed on November 15, 2006 (Doc. # 11), Plaintiff's complaint, amended or not, is clearly barred by the Prisoner Litigation Reform Act, 28 U.S.C. § 1915. Accordingly, the Church Defendants request that the Court deny Plaintiff's motion to amend and grant the motion to dismiss. DATED this 12th day of June, 2007. KIRTON & McCONKIE /s/__________________________________ Matthew K. Richards Justin W Starr Attorneys for The Church of Jesus Christ of Latterday Saints and Gordon B. Hinckley

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Case 2:06-cv-00526-DB-DN

Document 27

Filed 06/12/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on the 12th day of June, 2007, I caused a true and correct copy of the foregoing MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION TO AMEND COMPLAINT to be mailed to the following: Lester J. Ruston, No. 26834-177 P.O. Box 4000 Springfield, Missouri 65801 _/s/ Debra Domenici_______

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