Tobey v. Napolitano et al

Filing 58

MOTION for Leave to File Document Second Amended Complaint by Aaron Tobey. (Knicely, James). Corrected docket entry on 10/13/2011. (walk, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
AARON TOBEY,
Plaintiff,
V.
JANET NAPOLITANO, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Civil Action No. 3:11cv154-HEH

PLAINTIFF’S MOTION FOR
LEAVE TO FILE SECOND AMENDED COMPLAINT
COMES NOW Plaintiff Aaron Tobey, by counsel, pursuant to the Court’s August
10, 2011 Order for Extension of Time to Move for Joinder of Additional Party
Defendants, and Rule 15(a)(2) of the Federal Rules of Civil Procedure, and herewith
respectfully moves, for the reasons more particularly stated in the accompanying
memorandum of law, for leave to file his Second Amended Complaint in order to name
as an additional defendant in this case a TSA supervisor referred to in the Second
Amended Complaint as “Jane Doe,” whose identity and involvement in the search and
seizure of Aaron Tobey was first disclosed to Plaintiff during the September 26, 2011
depositions of Defendants Anthony Mason and Calvin Vann.
WHEREFORE, for the reasons stated, Plaintiff respectfully requests that the
Court grant leave for him to file his Second Amended Complaint in the form attached to
the accompanying memorandum of law.
Dated this 5th of October, 2011

1

Respectfully submitted,
By:

/s/ James J. Knicely___________________
James J. Knicely (VSB #19356)
Robert Luther III (VSB #78766)
KNICELY & ASSOCIATES, P.C.
487 McLaws Circle, Suite 2
Williamsburg, Virginia 23185
[phone] (phone)
[phone] (fax)
[e-mail]

By:

/s/ Alan C. Veronick___________________
Anand Agneshwar (admitted pro hac vice)
Alan C. Veronick (admitted pro hac vice)
ARNOLD & PORTER, LLP
399 Park Avenue
New York, New York 10022-4690
[phone] (phone)
(212) 212-715.1399 (fax)
[e-mail]
John W. Whitehead (VSB #20361)
Douglas R. McKusick (VSB #72201)
The Rutherford Institute
1440 Sachem Place
Charlottesville, Virginia 22906
Of Counsel
Participating Attorneys for
THE RUTHERFORD INSTITUTE
Attorneys for Plaintiff, AARON TOBEY

2

CERTIFICATE OF SERVICE
I hereby certify that on October 5, 2011, the foregoing Plaintiff’s Motion for
Leave to File Second Amended Complaint was electronically filed with the Clerk of
Court using the CM/ECF system, which will send notification of such filing to:
Carlotta P. Wells, Esquire
U.S. Department of Justice – Civil Division
20 Massachusetts Avenue NW – Rm. 7152
Washington, D.C. 20530
[e-mail]
Debra J. Prillaman, Esquire
Robin Perrin Meier, Esquire
Office of the United States Attorney for the Eastern District of Virginia
600 East Main St., Suite 1800
Richmond, Virginia 23219-2447
[e-mail]
[e-mail]
Paul W. Jacobs, II, Esquire
Henry I. Willett, Esquire
Belinda D. Jones, Esquire
CHRISTIAN & BARTON, LLP
909 East Main St., Suite 1200
Richmond, Virginia 23219-3095
[e-mail]
[e-mail]
[e-mail]
Respectfully Submitted,
By:

/s/ James J. Knicely___________________
James J. Knicely (VSB #19356)
KNICELY & ASSOCIATES, P.C.
487 McLaws Circle, Suite 2
Williamsburg, Virginia 23185
[phone] (phone)
[phone] (fax)
[e-mail]
Participating Attorneys for
THE RUTHERFORD INSTITUTE
Attorneys for Plaintiff, AARON TOBEY

3