Elisa Ferreira v. Fatima Silva (2011)

MEMORANDUM OF DECISION RE (# 153) PLAINTIFF'S OBJECTION TO REQUEST TO REVISE

The plaintiff, Elisa Ferreira, objects to the request to revise the amended complaint which has been filed by the defendant, Fatima Silva.

In her objection, the plaintiff has raised two thresh-hold objections arguing that the request to revise should be denied (1) because it is untimely and (2) because the defendant previously made a request to revise the complaint and is precluded by the rules of practice from seeking a further revision of the same complaint.

The Court overrules the argument that the request is untimely noting that the defendant had obtained an extension of time from the Court which was effective for 30 days after the date it was granted on May 9, 2011 that is until June 9, 2011.   The instant request was filed on June 29, 2011.   Notwithstanding the provisions of P.B. § 10–35, this Court does not find that to be sufficiently late to warrant a refusal by the Court to allow the request.

Similarly, the Court has considered the argument by the plaintiff that the defendant has previously filed a request to revise the complaint.   However, that request was made before the plaintiff added a Ninth Count which alleges a new cause of action—breach of fiduciary duty.   Despite the fact that the Ninth Count incorporates from the earlier counts all of the allegations that are the subject of the instant request to revise, those allegations are newly pled in the new cause of action sounding in breach of fiduciary duty and the defendant is entitled to seek their revision as to that Ninth Count alone.

For those reasons the Court overrules the two thresh-hold objections to the request to revise.

Taking into consideration the substantive objections to each of the enumerated requests to revise, the Court makes the following findings.

The plaintiff's objections to requests to revise paragraphs 8, 22, 24, 28, 29, 40 and 41 of the Ninth Count of the Amended Complaint are sustained.

BY THE COURT,

JOSEPH W. DOHERTY, JUDGE

Doherty, Joseph W., J.