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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
____________________________________________
|
WILLIAM C. HAMMEL, | MEMORANDUM IN
ALAN J. BELLAMENTE, | SUPPORT OF MOTION
et al., | TO AMEND PLAINTIFFS'
| COMPLAINT
Plaintiffs |
|
vs. |
|
STATE FARM MUTUAL AUTOMOBILE | No. 2:99:CV-44-T
INSURANCE CO., |
STATE FARM INDEMNITY COMPANY, |
et al. |
|
Defendants |
___________________________________________|
On November 4, 1999 Plaintiffs filed a motion to the
Court for a second extension of time for ninety (90) days due
to incapacitating medical conditions and surgical necessity.
That motion was granted in an Order filed November 8, 1999.
I.
Though, those conditions and necessities have not yet been
fully resolved, Plaintiffs submit their proposed amended
complaint, together with their Response to Defendants'
Motion to Dismiss or in the Alternative to Stay.
Since the filing of the previous Motion for Extension of Time,
Plaintiff Bellamente's third spinal surgery has yet to
be performed, owing in large measure to the necessities
brought about by Plaintiffs' new evidence and the subsequent
extensive particular and specific pleadings in their amended
complaint.
With their proposed amended complaint, Plaintiffs believe that
they have responded in their Response to Defendants' Motion
to dismiss, or in Alternative to Stay, appropriately and
persuasively, and in the substance of their amended complaint
rectified any deficiencies in pleadings of their first complaint
which Defendants noted in their Memorandum in Support of their
Motion to Dismiss, vel alia. In accord with their previous
memorandum, Plaintiffs have engaged in "a completely new
writing of a more encompassing Complaint.", which is the
proposed amended complaint.
II.
Just recently, new evidence has come to light which Plaintiffs
have not yet had time to evaluate. While, clearly, an Amended
Complaint would have been necessary to meet Defendants' Motion
to Dismiss, and Alternative Motion to Stay, this new evidence
suggests a completely new writing of a more encompassing Complaint.
III.
In defendants' Response to Plaintiffs' Motion and Memorandum in
Support, for enlargement of time, they have indicated that they
would engage either Plaintiffs' Response or Amended Complaint.
The Court has explicitly used the "and/or" in its responsive
Order and Plaintiffs avail themselves of both.
Given the expansion and volume of the amended complaint,
Plaintiffs will not object to Defendants' motions to any
reasonable enlargement of time to respond.
THEREFORE, Plaintiffs' motion to amend their complaint
should be granted.
William C. Hammel Alan J. Bellamente
A-11 Moose Branch Road, A-11 Moose Branch Road,
Sweetwater Apartments 1A, Sweetwater Apartments 8A,
Robbinsville, NC 28771 Robbinsville, NC 28771
(828) 479-1547 (828) 479-1547
/S/ /S/
------------------------------- ------------------------------
William C. Hammel Alan J. Bellamente
DATE: February 4, 2000 DATE: February 4, 2000
_______________________________________________________________
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Created: February 4, 2000
Last Updated: May 28, 2000