COURT OF APPEALS, DIVISION I
OF THE STATE OF WASHINGTON

NATALIA POTAPOVA
Respondent
v.
RANDY MAULTSBY
Petitioner

DOCKET NUMBER. 2102009
CASE NUMBER; 2022-303

MOTION FOR AMEND

Respondent, NATALIA POTAPOVA, seeks an amendment of the court for an appeal she
filed for reconsideration of a ruling made by the Southampton small Claim court on August 11,
2021. The appeal was sent to the appellate division as opposed to where it was supposed to be
sent to the appellate Term in New York.
This Motion is based on this Notice, the attached Memorandum of Points and
Authorities, the pleadings herein, and on such further oral and documentary evidence as may be
presented or judicially noticed at the hearing of this Motion.

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT

INTRODUCTION
The respondent, Natalia Potapova, having grievances on the ruling made by the Southampton
small claim court made an appeal for the court to revise the ruling. She, however sent it to the

appellate division as opposed to the Appellate Term in New York where it was supposed to be
sent.
ARGUMENT
The efficient Administration of Justice requires that respondent be given leave to file an
amended appeal.
Federal Rule of Civil Procedure 15 (a) requires that leave to file an amended complaint be `freely
given when justice requires` This standard is readily met here, as the more detailed description of
the markets at issue in the amended appeal narrows the scope of the issues presented and the
issue of jurisdiction of appeals
Defendants and respondents will not suffer substantial prejudice and there is no reason they
should not be given leave to amend. The U.S Supreme Court determined that `in the absence of
undue delay, bad faith or dilatory motive, undue prejudice, futility of amendment, the leave
sought should be freely given. Foman v Davis,371 U.S.178,182(1962). The sixth circuit applies a
balancing test of these factors, which turn on substantial prejudice to the opposing party .This
was the case in Lawson v Truck Drivers, Chauffers & Helpers.
Federal Rule of Civil Procedure 12(b)(l)
The district courts have subject matter jurisdiction in All civil actions arising under the
Constitution, laws, or treaties of the United States. 28 U.S.C. § 1331. Further, the district court
should only rely on Rule 12(b)(1) ‘[i]f the facts necessary to sustain jurisdiction do not implicate
the merits of the plaintiff’s cause of action.’ Morrison v. Amway Corp., 323 F.3d 920, 925 (11
Cir. 2003). “If a jurisdictional challenge does implicate the merits of the underlying claim, then:
The proper course of action for the district court … is to find that jurisdiction exists and deal with
the objection as a direct attack on the merits of the plaintiff’s case”. Id.
Leave to Amend
Leave to amend must be liberally granted, and when justice so requires. Fed. R. Civ. P.
15(a)(2). Also, DCD Programs Ltd. v. Leighton, 833 F. 2d 183, 186 (9 th Circuit 1987). Notably,
“a liberal, pro-amendment ethos dominates the intent and judicial construction of Rule
15(a)”. Moore’s Federal Practice – Civil §15.14. “Absent prejudice…, there exists a presumption
under Rule 15(a) in favor of granting leave to amend.” Eminence Capital, L.L.C. v. Aspeon, Inc.,
316 F.3d 1048, 1052 (9th Cir. 2003). Besides, courts should be guided by policy favoring

decisions on merit rather than on the pleadings or technicalities. United States v. Webb, 655 F.2d
977, 979 (9th Cir. 1981).

Similarly, none of the other Foman factors are present. The respondent is submitting the
amended appeal within the time allowed to amend pleadings under this court`s Scheduling Order
of August 13, 2003.The sixth Circuit has allowed amendment even after the expiration of
discovery and after the time for amended pleadings in the scheduling order. United States v
Wood ,877 F.2d 453,456 (allowing United States to add a claim fourteen months after suit was
filed, after discovery had closed and three weeks before trial).The Amended Complaint does
not add any causes of action but rather more clearly describes the markets at issue in the causes
of action identified in the original complaint.
CONCLUSION
For the above reasons, Respondent`s motion for leave to file amended appeal should be granted.

Respectfully submitted,

Signature
______________________________
Pro Se
NATALIA POTOPOVA
115 TOYLSOME LANE
SOUTHAMPTON, NY
11968

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