Opinion
2:21-cv-00921-JLR
02-10-2023
ABACUS GUARDIANSHIP, INC., Full Guardian of the Person and Estate of MELVIN F. DANIEL, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
CONNELLY LAW OFFICES, PLLC Micah R. LeBank, WSBA No. 38047 Attorneys for Plaintiff DES MOINES ELDER LAW Ermin Ciric, WSBA No. 52611 NICHOLAS W. BROWN United States Attorney WHITNEY PASSMORE, FL. No. 91922 ERIN K. HOAR, CA NO. 311332 Assistant United States Attorneys
NOTE ON MOTION CALENDAR: 2/9/2023
CONNELLY LAW OFFICES, PLLC Micah R. LeBank, WSBA No. 38047 Attorneys for Plaintiff
DES MOINES ELDER LAW Ermin Ciric, WSBA No. 52611 NICHOLAS W. BROWN United States Attorney WHITNEY PASSMORE, FL. No. 91922 ERIN K. HOAR, CA NO. 311332 Assistant United States Attorneys
STIPULATED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT ORDER
HONORABLE JAMES L. ROBART, JUDGE
I. FRCP 15(a) Stipulated to File Second Amended Complaint
The parties stipulate to Plaintiff filing the attached Second Amended Complaint. This stipulation is submitted pursuant to Fed. Rule Civ. P. (“FRCP”) 15(a) which provides: “a party may amend the party's pleading only by leave of court or by written consent of the adverse part.”
1. On November 20, 2022, Melvin F. Daniel died.
2. On January 24, 2023, Sam Maleski was appointed as Personal Representative of the Estate of Melvin Daniel.
The Plaintiff is hereby substituting Sam Maleski of Abacus Guardianship Services as the Plaintiff in this action on behalf of the Estate of Melvin F. Daniel. All other claims against the USA remain the same.
II. ORDER
Based on the foregoing Stipulation of the parties and pursuant to LCR 15(a), Plaintiff is hereby granted leave to file the attached Second Amended Complaint.
IT IS SO ORDERED.