UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

NANCY GUCWA Case No. 2:15-cv-10815-AJT-APP

and MARK MARUSZA, Hon. Arthur J. Tarnow

Plaintiffs, 

vs.

DR. JEFFREY LAWLEY,

DR. HARVEY AGER, 

DR. W. JOHN BAKER,

DR. BARRY RUBIN and

ACCIDENT FUND INSURANCE 

COMPANY OF AMERICA, 

Defendants. 

___________________________________/

MARSHALL LASSER (P25573) 

MARSHALL LASSER, P.C.

Attorney for Plaintiffs

P.O. Box 2579 

Southfield, MI 48037

(248) 647-7722

mlasserlaw@aol.com

___________________________________/

PLAINTIFFS’ EX PARTE (1) MOTION TO

STRIKE COMPLAINT AND BRIEF, AND 

(2) MOTION FOR LEAVE TO FILE THE

FIRST AMENDED COMPLAINT AND BRIEF

(1) Motion to Strike Complaint, and Brief

Plaintiffs bring this motion seeking an order striking theComplaint, Document

1, as it was filed in error by counsel’s secretary (see Exhibit 1, Affidavit and

Statement), and substituting for it the First Amended Complaint (Docket #2), which

was filed March 6, 2015. Plaintiffs bring this motion because plaintiffs’ counsel’s

secretary inadvertently filed on March 5, 2015, an early draft of the complaint rather

than the intended complaint. 

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The parties plaintiff and defendant differ between the Complaint and the First

Amended Complaint. Also, the parties listed on the Civil Cover Sheet and Docket

Sheet do not match the parties on the Complaint. The Civil Cover Sheet and Docket

Sheet correctly listed the plaintiffs (Nancy Gucwa and Mark Marusza) and defendants

(Drs. Lawley, Baker, Ager and Rubin, and Accident Fund Ins. Co.) but the Complaint

listed Gucwa, Marusza, and Perez as plaintiffs, and only Ager, Baker and Accident

Fund as defendants.

This motion is brought pursuant to ECF Electronic Filing Policies and

Procedures R14, CORRECTING DOCKET ENTRIES INCLUDED PAPERS FILED

IN ERROR (“If a paper is filed in error, the filing user must seek appropriate relief

from the Court”), and LR 7.1.

On or about 8:30 am on March 6, the court clerk was advised by plaintiffs’

counsel’s office that the wrong document was filed. In response, the clerk placed a

“Notice of Error” on the docket sheet and acted so that no summonses would be

issued; the clerk advised plaintiff’s counsel to file a First Amended Complaint

without a new filing fee and file a motion to strike the Complaint as having been filed

in error.

The clerk also said that upon the filing of the First Amended Complaint, which

was done March 6 is now Docket #2, summonses would promptly be issued; when

received, these summonses will promptly be served upon defendants with the First

Amended Complaint. 

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(2) Motion for Leave to File First Amended 

Complaint and Brief

If required, plaintiffs seek leave to file the First Amended Complaint (Exhibit

2), which has already been electronically filed with the clerk and is Docket #2. 

Plaintiffs are uncertain whether leave is required; if the Court strikes the Complaint

and orders that the First Amended Complaint be substituted for the Complaint, then

it would seem this motion is not needed.

This motion is brought pursuant to FRCP (a)(2): “In all other cases, a party may

amend its pleading on with the opposing party’s written consent or the court’s leave.

The court should freely give leave when justice so requires.” (Emphasis added.) It

is also brought pursuant to LR 7.1 and 15.1 and ECF R14.

RELIEF REQUESTED

Plaintiffs request an order (1) striking the Complaint (docket #1) and (2)

granting leave for plaintiffs to file their First Amended Complaint (docket #2) and

substituting it for the Complaint. 

Respectfully submitted,

MARSHALL LASSER, P.C.

Attorney for Plaintiffs

/s/ Marshall Lasser 

MARSHALL LASSER P25573

P.O. Box 2579 

Southfield, MI 48037

(248) 647-7722

mlasserlaw@aol.com

Dated: March 6, 2015 

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CERTIFICATE OF SERVICE

I certify that on March 6, 2015, I electronically filed the forgoing paper with

the Clerk of the Court using the ECF system. I have not sent notification of such

filing to anyone. 

/s/ Kathy S. Maretti 

marettiks@yahoo.com

C:\wp51\DOCS\AccidentFundRico\MotiontoStrike.wpd

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