UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

MICAH FIALKA-FELDMAN, 

 

 Plaintiff, 

 Case No. 2:08-cv-14922-PJD-VMM 

v. Hon. Patrick J. Duggan 

OAKLAND UNIVERSITY BOARD OF TRUSTEES, 

 

 Defendant. 

________________________________________________________________________ 

MICHIGAN PROTECTION & BUTZEL LONG 

ADVOCACY SERVICE, INC. By: Robert A. Boonin (P38172) 

By: Chris E. Davis (P52159) 350 S. Main Street, Suite 300 

 Gabrielle S. Frampton (P59499) Ann Arbor, MI 48104 

29200 Vassar Blvd., Suite 200 (734) 995-3110 

Livonia, MI 48152 Attorneys for Defendant 

(248) 473-2990 boonin@butzel.com

Attorneys for Plaintiff 

Email: cdavis@mpas.org

Email: gframpt@mpas.org 

________________________________________________________________________ 

MOTION AND BRIEF FOR LEAVE TO FILE AMENDED COMPLAINT – 

ADDING DEFENDANTS 

Plaintiff Micah Fialka-Feldman moves this Court, 

1. For the entry of an order pursuant to Rules 19, 20 and 21 of the Federal Rules of 

Civil Procedure to add Gary D. Russi, Mary Beth Snyder and Lionel Maten as 

defendants in this cause and directing service of process upon them; and 

2. For the entry of an order pursuant to Rule 15(a)(2) of the Federal Rules of Civil 

Procedure permitting plaintiff Micah Fialka-Feldman to file immediately and to 

serve upon defendants an amended complaint. 
In support of this motion, plaintiff Micah Fialka-Feldman states as follows: 

1. Rule 21 of the Federal Rules of Civil Procedure provides in relevant part that 

parties may be added by order of the court on motion of any party at any state of 

the action and on such terms as are just. 

2. Rule 19(a) of the Federal Rules of Civil Procedure provides in relevant part that a

person who is subject to service of process and whose joinder will not deprive the 

court of jurisdiction over the subject matter of the action shall be joined as a party 

to the action if in the party’s absence complete relief cannot be accorded among 

those already parties, or if, under certain circumstances, the party claims an 

interest relating to the subject of the action. 

3. Rule 20(a) of the Federal Rules of Civil Procedure provides in relevant part that

persons may be joined in one action as defendants if there is asserted against them

a right to relief in respect of a series of occurrences and if any question of law or 

fact common to all defendants will arise. 

4. Rule 15 (a)(2) of the Federal Rules of Civil Procedure provides in relevant part 

that upon motion of a party the court may grant leave for a party to file and serve 

an amended complaint and the court should freely give leave when justice so 

requires. 

5. The parties sought to be added as defendants by this motion are subject to service 

of process and their joinder will not deprive the court of jurisdiction over the 

subject matter of this action. 

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6. Attached and made a part of this motion is a copy of the amended complaint 

proposed to be filed if this motion is granted. 

WHEREFORE, plaintiff Micah Fialka-Feldman asks that the motion be granted 

and that an order be entered in substantially the form attached to this motion. 

 

 Respectfully submitted, 

Dated: February 26, 2009 s/Chris E. Davis

 MICHIGAN PROTECTION & 

 ADVOCACY SERVICE, INC. 

 By: Chris E. Davis

 Gabrielle S. Frampton

 29200 Vassar Blvd., Suite 200 

 Livonia, MI 48152 

 Attorneys for Plaintiff

 (248) 473-2990 

 cdavis@mpas.org

 gframpt@mpas.org 

 P52159 

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 CERTIFICATE OF SERVICE

I hereby certify that on February 26, 2009, I electronically filed the foregoing paper with 

the Clerk of the Court using the ECF system which will send notification of such filing to 

the following: Robert A. Boonin. 

Respectfully submitted, 

Dated: February 26, 2009 s/Chris E. Davis 

CHRIS E. DAVIS 

MICHIGAN PROTECTION & 

ADVOCACY SERVICE, INC. 

Attorney for Plaintiffs 

29200 Vassar Blvd., Suite 200 

Livonia, MI 48152 

Phone: (248) 473-2990 

Fax: (248) 473-4104 

E-mail: cdavis@mpas.org

P52159 

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