PLAINTIFFS MOTION FOR LEAVE TOAMEND COMPLAINT

Joshua Blancett

2515 Thomas Avenue

Dallas, TX 75201

469-669-9008 | Fax

josh@ridvy.com

In pro se

IN THE CIRCUIT COURT FOR THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

NOTICE OF PLAINTIFF’S 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 Circuit Court for the State of Oregon, at the Multnomah County Courthouse at [COURTHOUSE’S ADDRESS].

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

Dated this ___ day of ______, 2021.

Respectfully Submitted,

Joshua Blancett

2515 Thomas Avenue

Dallas, TX 75201

469-669-9008 | Fax

josh@ridvy.com

In pro se

IN THE CIRCUIT COURT FOR THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

UTCR 5.010 CERTIFICATE OF COMPLIANCE

Pursuant to UTCR 5.010(3), Plaintiff hereby certifies that a good faith effort was made to confer with Defendant to resolve, without success, the issues disputed in this Motion.

Dated this ___ day of _______, 2021.

Respectfully Submitted,

Joshua Blancett

2515 Thomas Avenue

Dallas, TX 75201

469-669-9008 | Fax

josh@ridvy.com

In pro se

IN THE CIRCUIT COURT FOR THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

NOW COMES Joshua Blancett, Plaintiff, and brings this Motion for Leave to Amend Complaint against Safco Insurance, Inc., 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 [DATE]. 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. There is no unfair surprise or other prejudice to Defendant in presenting these amplified allegations.
4. 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.
5. 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.

Dated this ___ day of _______, 2021.

Respectfully Submitted,

VERIFICATION

I, Joshua Blancett, 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:

John A. Bennett, OSB #750407

john.bennett@bullivant.com

Bryce J. Adams, OSB #132880

bryce.adams@bullivant.com

Dated this ___ day of _______, 2021.

Respectfully Submitted,