KEITH S. GIBBY )
)
Plaintiff )
)
vs. ) Civil No. DKC-96-2860
)
INTERNATIONAL BUSINESS MACHINES )
CORPORATION )
)
Defendant )
)
COMES NOW the Plaintiff, KEITH S. GIBBY, by and through counsel, VAN GRACK, AXELSON & WILLIAMOWSKY, P.C., and moves for Leave of Court to File an Amended Complaint in this action and states as follows:
1. That the Plaintiff filed the instant action in the Circuit Court for Montgomery County, Maryland stating causes of action of breach of contract and negligent misrepresentation.
2. That the Defendant has moved for Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c).
3. That contemporaneously with the instant motion, the Plaintiff has filed a Memorandum in Opposition to said Motion for Judgment on the Pleadings.
4. That Plaintiff contends that there was a contract between the parties regarding the Suggestion Plan in question.
5. That the Defendant has disputed the existence of a contract.
6. That in the alternative, Plaintiff has contended in his Brief in Opposition to the Motion for Judgment on the Pleadings that Plaintiff is entitled to damages under the theories of quantum meruit and unjust enrichment.
7. Plaintiff will primarily rely on Counts I and II, Unjust Enrichment and Quantum Meruit. This is because Defendant argues that no contract exists. The contract claim is being retained only out of an abundance of caution.
8. That Plaintiff has filed the Amended Complaint simply to add alternative causes of action as a result of the Defendant's Motion for Judgment on the Pleadings.
9. That the Defendant will not be prejudiced by the filing of this Motion as discovery has not commenced.
WHEREFORE, Plaintiff respectfully requests that this Court grant Plaintiff's Motion for Leave of Court to File the Amended Complaint and accept said Amended Complaint as filed, nunc pro tunc.
Respectfully Submitted,
VAN GRACK, AXELSON & WILLIAMOWSKY, P.C.
By:___________________________________
Bruce M. Bender
110 N. Washington Street
5th Floor
Rockville, Maryland 20850
(301) 738-7660
LAW OFFICES OF GARY H. SIMPSON
By:________________________________________
Gary H. Simpson
9505 Kingsley Avenue
Bethesda, Maryland 20814
1. Federal Rule of Civil Procedure 15
2. Foman v. Davis, 371 U.S. 178 (1962) - Amendments of Complaints shall be freely given
when justice so requires and certainly in cases where the Amendment simply added
alternative causes of action.
I HEREBY CERTIFY that on this 19th day of November, 1996, a copy of the foregoing was
mailed, via first class mail, postage prepaid to:
Michael S. Horne, Esquire
Stephanos Bibas Esquire
COVINGTON AND BURLING
1201 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
_________________________
Bruce M. Bender
KEITH S.GIBBY )
)
Plaintiff )
)
vs. ) Civil No. DKC-96-2860
)
INTERNATIONAL BUSINESS MACHINES )
CORPORATION )
)
Defendant )
)
UPON CONSIDERATION of Plaintiff's Motion for Leave of Court to File Amended Complaint, it is this ___ day of _____________________, 1996, by the United States District Court for the District of Maryland,
ORDERED: That Plaintiff's Motion is granted and the Amended Complaint shall be
deemed filed nunc pro tunc.
_________________________________
Honorable Deborah K. Chasanow
United State District Court for the
District of Maryland
COPIES TO:
Bruce M. Bender, Esq.
110 N. Washington Street
Fifth Floor
Rockville, Maryland 20850
Gary Simpson, Esq.
9505 Kingsley Avenue
Bethesda, Maryland 20814
Michael S. Horne, Esquire
Stephanos Bibas Esquire
1201 Pennsylvania Avenue, N.W.
Washington, D.C. 20004