Case No.: CIV – XXXX




COMES NOW Plaintiff, XXX, Pro-se hereby files this Motion for Leave to File Amended Complaint pursuant to Rules 15(a) and 19(a), Fed. R. Civ. P. Plaintiff seeks leave to amend the Complaint by adding the following Defendants: 

  1. Howard Pallotta
  2. Becki Burton

Plaintiff also seeks to introduce more exhibits to the Complaint. The additional exhibits include:

  1. Investigator’s report
  2. Voluntary Statement from XXX
  3. Voluntary Statement from Constance Lindley
  4. Voluntary statement from Ernst Cummings
  5. Voluntary statement from XXX (including internal documents provided by XXX)
  6. Voluntary statement by from Cheryl Hunter (sent via email)
  7. May XXX Termination letter. 



During the end of XXX, the XXXX Health Care Authority (OHCA) began an investigation into Plaintiff’s Wife’s business (Briggs) unbeknown to Plaintiff. The said investigation was based on complaints from disgruntled employees involving misdeeds committed by those same employees.

OHCA, instead of investigating the wrongdoers, began an investigation into Plaintiff. These investigations did not follow due process guidelines in regard Medicaid fraud. Per 42 CFR 431.107, before any action is taken against Plaintiff, Plaintiff needs to keep records and pursuant 74 XXX statute 8541, OHCA and the Oklahoma State auditor and the inspector will have the right to examine the provider’s books.

Shortly thereafter, Plaintiff’s business was terminated. 

Consequential to the termination, Plaintiff transitioned her clients to Options Unlimited, a company owned by XXX. At this time, Plaintiff reasonably believed that all relevant protocols were being adhered to during the transition period. Accordingly, Plaintiff relied on XXXX. 

On or about the 20th day of XXXX  the State of XXX, by and through unconstitutional actions of the staff of the Attorney General’s office, charged Plaintiff- a former employee of Ms. Shoal- to having conspired to commit several counts of Medicaid fraud. The

said charge was brought by information from XXXX.

The allegations mentioned above lacked evidence. 

On or about XXX the State of Oklahoma, by and through illegal conduct of staff of the Attorney General’s office, moved to the District Court of XXXX County through Magistrate XXXX, to dismiss all counts against XXX, who was the only medical provider on the date and time of the alleged offenses charged by the State. 

Defendants XXXX and XXXX  legal reviewers working with the Oklahoma Health Care Authority. They assisted in determining the credible allegations of fraud referral for Briggs companies. 


Rules 15(a) and 19(a), Fed. R. Civ. P. provides for amendments. The said provision states in pertinent part that, “a party may amend its pleading only with the opposing party’s written consent or the court’s leave. The court should freely give leave when justice so requires.” 

Rule 19 (a), Fed. R. Civ. P. also states in that regard that: “A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party if: (A) in that person’s absence, the court cannot accord complete relief among existing parties…” Also, Fed. R. Civ. P. 19(a)(2) provides that “If a person has not been joined as required, the court must order that the person be made a party.”

There is a “strong liberality . . . in allowing amendments under Rule 15(a).”  Bechtel v. Robinson, 886 F.2d 644, 652 (3d Cir. 1989). It follows; Rule 15(a) should be liberally construed. Miller v. Stanmore, 636 F.2d 986, 990 (5th Cir. 1981). Further, a “court may refuse a motion for leave to amend only in limited circumstances, such as when the amendment would cause undue delay; is offered in bad faith or with dilatory motive; or if the amendment is futile.” AT&T v. Marstan Indus. Inc., No. 93-2961, 1994 U.S. Dist. LEXIS 8294 (E.D. Pa. 1994). 

In the instant case, it would be in the interest of justice for the Court to grant Plaintiff leave to amend the Complaint by adding the said Defendants and the additional evidence. Notably, the said Defendants participated in determining the credible allegations of fraud referral for Briggs companies. Therefore, they have crucial information that will help in fact-finding in the prosecution of Plaintiff’s case. The evidence that Plaintiff seeks to introduce will also shed more light on Plaintiff’s case. 


WHEREFORE, these premises considered, this Court should grant leave freely to amend the Complaint.


Respectfully submitted,









I, XXX, certified on this day of .XXX, I deposited a true copy of the above to the defendant by placing the documents with prepaid postage in the XXX mailbox address to each person.


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