Professional Documents
Culture Documents
Plaintiff Graceland College Center for Professional Development and Lifelong Learning,
Inc., d/b/a SkillPath. (SkillPath) in support of its Motion for Leave to Amend its Complaint
states as follows:
This is a case brought under the Copyright Act and the Lanham Act, in which SkillPath
alleges that Defendant Price copied significant amounts of textual material protected under
federal copyright law, and used SkillPaths federally registered trademarks in violation of the
Lanham Act, along with similar state law claims. In its original Complaint, SkillPath named
Defendant Michael Price (Price) as the sole defendant, individually and in his capacity as the
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In response to SkillPaths Complaint, Defendant Price filed and served his Motion to
Dismiss for Lack of Personal Jurisdiction, and in support of that Motion, Price submitted an
affidavit in which he describes the true organizational corporate structure of his businesses. In
particular, Price states that he is the President of Specialty Holdings LLC d/b/a VC South (VC
South) and BizSummits LLC (BizSummits), both of which are Georgia limited liability
companies. SkillPath had not been aware of this corporate structure prior to filing its Complaint.
Because the actions described in the Complaint are attributable to Price as well as his companies,
VC South and BizSummits, SkillPath desires to amend its Complaint to add those entities as
parties.
Rule 15 of the Federal Rules of Civil Procedure states that leave to amend a pleading
shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). Courts interpret Rule 15
to allow amendments generously; in fact, the Supreme Court has held that leave to amend should
be granted in the absence of any reason such as undue delay, bad faith, repeated failure to cure
Foman v. Davis, 371 U.S. 178, 181 (1962); accord Bauchman for Bauchman v. West High
School, 132 F.3d 542, 559 (10th Cir. 1997); Metzger v. City of Leawood, 144 F. Supp. 2d 1225
(D. Kan. 2001) (leave to amend granted more than a year after original complaint filed, when
parties were on eve of trial, since no new discovery would be required as a result of amendment).
In this case, none of the factors enumerated above is present. The case has just begun,
and no scheduling order has been set. Therefore, granting leave for SkillPath to amend its
complaint will not result in prejudice to any party. In addition, SkillPath has made no previous
amendments, so there are no previously uncured deficiencies. SkillPath seeks leave to amend in
a good faith effort to add parties whom it believes are needed for just adjudication.
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For the foregoing reasons, SkillPath respectfully requests that the Court grant it leave to
amend its Complaint, and that the Court allow SkillPath to file its proposed Amended Complaint,
Respectfully submitted,
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CERTIFICATE OF SERVICE
I hereby certify that on October 27, 2005, I filed the foregoing document with the Clerk
of the Court, using the ECF system, which delivered copies via email to the following:
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