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IN THE UNITED STATES DISTRICT

COURT FOR THE NORTHERN DISTRICT

OF TEXAS FT. WORTH DIVISION

EUGENIO VARGAS §

Plaintiff/Counterclaim Defendant §

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§ Case No. 4:22-CV-00430-Y

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ASSOCIATION OF 

PROFESSIONAL FLIGHT

ATTENDANTS, JULIE HEDRICK, 

LARRY SALAS, ERIK HARRIS, 

JOSH BLACK, IMA FINANCIAL 

GROUP, INC. 

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Defendants/Counterclaim Plaintiff. §

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PLAINTIFF’S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

AND FOR JOINDER PURSUANT TO FED. R. CIV. P. 15(a), 20(a)

TO THE HONORABLE JUDGE OF SAID COURT:

PLEASE TAKE NOTICE that Plaintiff moves the Court, pursuant to Rule 15(a) and Rule 

20 (a) of the Federal Rules of Civil Procedure, for an Order as follows:

(1) Granting Plaintiff’s leave to file a Second Amended Complaint; and

(2) Issue Citations for service of process for the additional parties: Larry Salas, APFA 

National Vice-President, and Josh Black, APFA National Secretary, and IMA Financial 

Group, Inc. which issued surety bonds for the Plaintiff, and for the APFA National 

Officers. 

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Pursuant to Federal Rules of Civil Procedure §§ 20(a) and 15(a), Plaintiff, Ross, by and 

through the undersigned counsel, respectfully moves to join the following additional parties and 

claims asserted therein to the case before the court. 

Fed. R. Civ. P. Rule § 20 (a) states “persons may join in one action if: (1) they assert any 

right to relief jointly, severally, or in the alternative with respect to or arising out of the same 

transaction, occurrence, or series of transactions or occurrences;” and “(2) any question of law or 

fact common to all plaintiffs will arise in the action.” Fed. R. Civ. P. 20(a). This case raises issues 

about the breach of fiduciary duty claims of Plaintiff’s union National Officers against Plaintiff. 

Plaintiff asserts a right to relief jointly and severally and all questions of law and fact as to the 

Plaintiff will arise in the action. 

Fed. R. Civ. P. § 15(a) states a party may amend his pleading once as a matter of course within 

twenty-one days after serving it or, if the pleading is one to which a responsive pleading is required, 

twenty-one days after service of a responsive pleading or twenty-one days after service of a Rule 

12(b), whichever is earlier. Otherwise, a party may amend its pleading only with the opposing 

party's written consent or the court's leave. Rule 15 provides that court should freely give leave to 

amend when justice so requires. Plaintiff requests the court grant leave to amend and grant this 

motion of joinder to include additional parties. Attached to this Motion is a Proposed Second 

Amended Complaint marked as Exhibit 1. Attached to this Motion is a Proposed Second Amended 

Certificate of Interested Parties marked as Exhibit 2. 

In support, Plaintiff submits Brief in Support of this Motion for Joinder and Motion for 

Leave to Amend Complaint, which is incorporated herein and filed contemporaneously with this 

Motion. Attached to the Brief in Support of Motion for Joinder and Motion for Leave to Amend 

the Complaint and thereto marked as “Exhibit A” is the Affidavit of Eugenio Vargas in support of 

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this Motion for Joinder and Motion for Leave to Amend the Complaint, which is being filed 

contemporaneously with this notice or motion. 

This Motion is based upon all records and proceedings submitted in conjunction with this 

Motion. Hereto attached and marked as “Exhibit 1” is a proposed Second Amended Complaint in 

which Plaintiff respectfully requests the Court to grant Plaintiff’s Motion for Leave to File a 

Second Amended Complaint. 

April 14, 2023

Respectfully submitted,

K.D. PHILLIPS LAW FIRM, PLLC

By: /s/ Kerri Phillips

Kerri Phillips

Texas Bar No. 24065906 

Phone: (972) 327-5800 

Email: kerri@KDphillipslaw.com

6010 W. Spring Creek Parkway

Plano, Texas 75024 

Fax: (940) 400-0089

For Service of Filings: 

notice@KDphillipslaw.com

ATTORNEY FOR PLAINTIFF

 CERTIFICATE OF CONFERENCE

I, Kerri Phillips, attorney for Plaintiff Eugenio Vargas, hereby certify that on the 7th day 

of April 2023, I emailed for purposes of conference with Sanford Denison, counsel for Defendant 

APFA, to inform each of them of the filing of this Motion. Counsel have not yet responded to 

the filing of this Motion. 

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 CERTIFICATE OF SERVICE

I certify that true and correct copy of this document was sent to all counsel of 

record, hereunder listed via ECF filing on this the 14th day of April 2023. 

William Osborne, Sanford Denison 

/s/ Kerri Phillips 

Kerri Phillips

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