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Esco Marine Inc v. Ss Pacific Star

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 28, 2011

ESCO MARINE INC., PLAINTIFF,
v.
SS PACIFIC STAR, DEFENDANT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Presently before the court is plaintiff's motion for amendment of the first amended complaint to add verification, filed August 24, 2011. The motion is unopposed.*fn1 Upon review of the motion and supporting documents, the court now issues the following order.

Plaintiff seeks to add the verification of Kris Wood, Vice President of Esco Marine, Inc., to the first amended complaint, filed April 30, 2010, which did not contain a verification due to inadvertence. (Attachment to Ronnenberg, Jr. Declaration, filed August 24, 2011). Plaintiff has adequately set forth the law which provides for liberal amendments in admiralty proceedings. More importantly, plaintiff has provided authority for verification of amended complaints after an arrest has taken place, in cases such as this, where the original complaint was properly verified. See Bank of the West. v. M/V NEVER SAY NEVER, 2007 WL 2874853, *2 (E.D.N.Y. 2007).

Good cause appearing, IT IS ORDERED that plaintiff's motion to amend the amended complaint to add the verification of Kris Wood, filed August 24, 2011, (dkt. no. 141), is granted The Wood verification (dkt. no. 143-1) is deemed filed with the first amended complaint. (Dkt. no. 55.)


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