AI-DAIWA, LTD v. APPARENT, INC, CV13-4156 VC. (2014)
Court: District Court, N.D. California
Number: infdco20141112617
Visitors: 5
Filed: Sep. 24, 2014
Latest Update: Sep. 24, 2014
Summary: MOTION TO AMEND COMPLAINT TO CORRECT PARTY NAME VINCE CHHABRIA, District Judge. Plaintiff, AI-DAIWA, LTD, through undersigned counsel and pursuant to United States Court of Federal Claims Rule ("RCFC") 15(a), respectfully moves this Court for leave to amend its Complaint in this matter to correct an inadvertent mistake. This amendment seeks to correct a deficiency in the original pleading with regard to Defendant APPARENT SOLAR INVESTMENTS, LLC proper, corporate name. In this regard, Defendant
Summary: MOTION TO AMEND COMPLAINT TO CORRECT PARTY NAME VINCE CHHABRIA, District Judge. Plaintiff, AI-DAIWA, LTD, through undersigned counsel and pursuant to United States Court of Federal Claims Rule ("RCFC") 15(a), respectfully moves this Court for leave to amend its Complaint in this matter to correct an inadvertent mistake. This amendment seeks to correct a deficiency in the original pleading with regard to Defendant APPARENT SOLAR INVESTMENTS, LLC proper, corporate name. In this regard, Defendant'..
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MOTION TO AMEND COMPLAINT TO CORRECT PARTY NAME
VINCE CHHABRIA, District Judge.
Plaintiff, AI-DAIWA, LTD, through undersigned counsel and pursuant to United States Court of Federal Claims Rule ("RCFC") 15(a), respectfully moves this Court for leave to amend its Complaint in this matter to correct an inadvertent mistake. This amendment seeks to correct a deficiency in the original pleading with regard to Defendant APPARENT SOLAR INVESTMENTS, LLC proper, corporate name. In this regard, Defendant's proper name is APPARENT SOLAR INVESTMENTS (II), LLC. The "(II)" was inadvertently excluded in the initial pleading. The requested amendment merely corrects a pleading defect and does not affect the substantive rights of the parties. Consonant with RCFC 15(a), which provides that "leave shall be freely given when justice so requires," Plaintiff requests that this Court permit this amendment in the interest of accuracy of the pleadings. Plaintiff's counsel has discussed this motion with Defendant's counsel, who has no objection to this motion. A corrected copy of the Complaint reflecting Plaintiff's proper name is attached hereto as Attachment A.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion to Amend the Complaint to Correct Party Name and order that all future references to Defendants by the parties and this Court be made in its proper name, APPARENT SOLAR INVESTMENTS (II), LLC.
Source: Leagle
