Opinion
Civil Case No. 11-cv-01453-REB-KMT
07-09-2012
DERRICK A. QUALS, HYBRID FINANCE, LIMITED, a British Virgin Islands company, and F CUBED.ca INVESTMENTS, LIMITED, a Canadian company, Plaintiffs, v. GEOFFREY H. LUNN, MICHAELD SCHMIDT, VINCENT CURRY, and WGC GROUP, INC., a Nevada corporation, Defendants.
Judge Robert E. Blackburn
ORDER GRANTING PLAINTIFF HYBRID FINANCE LTD.'S
MOTION TO AMEND CAPTION OF COMPLAINT
Blackburn, J.
The matter before me is Plaintiff Hybrid Finance Ltd.'s Motion To Amend Caption of Complaint [#34] filed July 5, 2012. Plaintiff seeks to correct the case caption by amendment to show its true place of incorporation. I grant the motion.
"[#34]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
In the original caption, plaintiff apparently was misidentified as being a British Virgin Islands corporation, which, in fact, is only "the locale of one of [its] ownership entities[.]" (Motion at 2.) In fact, it is an Israeli company. Having thus been advised of the premises, I find and conclude that the motion should be granted and the caption amended to reflect plaintiff's actual place of incorporation. See Hernandez-Avila v. Averill, 725 F.2d 25, 28 (2nd Cir. 1984) ("[C]ourts generally will allow an amendment under Rule 15 to correct technical defects in the caption.") (quoting 5 C. Wright & A. Miller, Federal Practice & Procedure § 1321 at 461 (1969)) (internal quotation marks omitted).
THEREFORE, IT IS ORDERED as follows:
1. That Plaintiff Hybrid Finance Ltd.'s Motion To Amend Caption of Complaint [#34] filed July 5, 2012, is GRANTED; and
2. That the caption of this case is AMENDED to reflect that plaintiff Hybrid Finance, Limited, is an Israeli company.
Dated July 9, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge