EIGHTH JUDICIAL DISTRICT COURT

IN AND FOR CLARK COUNTY, STATE OF NEVADA

CHARLIE O. EZUMA                                     §

Plaintiff,                                                  §

§

v.                                                              §     Case No. A-21-832654-C Dept No. 29

§

JASON BERENSON                                         §

Defendant.                                              §

NOTICE OF MOTION FOR LEAVE TO AMEND COMPLAINT

You are notified that on ____________________ (date), at _______ (time), or as soon thereafter as Plaintiff can be heard, in Courtroom ___ of the Superior Court New Jersey, at the Bergen County Courthouse at ______________________________________________________ (address).

Plaintiff will bring on for hearing his Motion for Leave to Amend Complaint for the reasons stated in the attached Motion.

Respectfully Submitted,

______________________________

Charlie O. Ezuma

9745 Grand Teton Drive, 2104

Las Vegas, Nevada 89166

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EIGHTH JUDICIAL DISTRICT COURT

IN AND FOR CLARK COUNTY, STATE OF NEVADA

CHARLIE O. EZUMA                                     §

Plaintiff,                                                  §

§

v.                                                              §     Case No. A-21-832654-C Dept No. 29

§

JASON BERENSON                                         §

Defendant.                                              §

MEMORANDUM IN SUPPORT OF MOTION FOR LEAVE TO AMEND COMPLAINT

NOW COMES Charlie Ezuma, Plaintiff, and brings this Motion for Leave to Ament Complaint against Jason Berenson, Defendant, and hereby avers as follows:

  1. Rule 15(c)(1)(B) of the Federal Rules of Civil Procedure states as follows: “An amendment to a pleading relates back to the date of the original pleading when the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out – or attempted to be set out – in the original pleading.”
  2. Plaintiff’s Original Complaint was filed on 04/09/2021. If this Motion is granted, the proposed Amended Complaint will reflect these parties, the allegations pertaining to them, and an amplification of some of the original allegations.
  3. The filing of an amended complaint will allow the addition of the parties to be reflected clearly in the record.
  4. There is no unfair surprise or other prejudice to the defendants in presenting these amplified allegations.
  5. The proposed amended complaint does not change the nature of the relief requested. It is filed in good faith as soon as reasonably possible. The filing of the amended complaint will not delay this suit in any manner.
  6. In interpreting Rule 15 of the Federal Rules of Civil Procedure, the United States Supreme Court held as follows: “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits. In the absence of any apparent or declared reason – such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc. – the leave sought should, as the rules require, be ‘freely given’.” Foman v Davis, 371 U.S. 178, 182-183 (1962).

REASONS WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant this Motion for Leave to Amend Complaint.

Respectfully Submitted,

______________________________

Charlie O. Ezuma

9745 Grand Teton Drive, 2104

Las Vegas, Nevada 89166

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VERIFICATION

I, Charlie O. Ezuma, being duly sworn depose and say that I am the Plaintiff in the above entitled action, that I have read the foregoing Motion for Leave to Amend Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this _____ day of ____________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

            I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

            Leah Martin, Esq., Attorney at Law

            Nevada Bar No. 7982

            Kevin Hejmanowski, Esq.

            Nevada Bar No. 10612

            LEAH MARTIN LAW

            3100 W Sahara Ave. #202

            Las Vegas, Nevada 89102

            Telephone: (702) 420-2733

            Facsimile: (702) 330-3235

            lmartin@leahmartinlv.com

            khejmanowski@leahmartinlv.com

Dated:

Respectfully Submitted,

______________________________

Charlie O. Ezuma

9745 Grand Teton Drive, 2104

Las Vegas, Nevada 89166

Insert Phone Number

Insert Email

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