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Collens v. Adkins, et al. Case No. 3AN-14-5961CI


Second Amended Complaint

Jesse Michael Collens
30601 34th Pl. S.
Auburn, Washington (98001)
(206)592-6964

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT ANCHORAGE


Jesse Michael Collens,
pro per

Plaintiff,
vs.

Alaina Adkins, Maxim Healthcare
Services,

Defendants.
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Case No.:3AN-14-5961CI

Judge: Pfiffner

SECOND AMENDED COMPLAINT Rule 15 (a)
Plaintiff Jesse Michael Collens sues Alaina Adkins and
Maxim Healthcare Services for fraud, money damages, and
states:
JURISDICTIONAL ALLEGATIONS
1. This is an action for money damages in excess of
$100,000.00
2. Plaintiff Jesse Michael Collens was a resident of
Anchorage, Alaska.
3. Defendant Alaina Adkins was a resident of
Anchorage, Alaska.
4. Defendant Maxim Healthcare Services was operating
in Anchorage, Alaska.
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Collens v. Adkins, et al. Case No. 3AN-14-5961CI
Second Amended Complaint

5. All acts necessary or precedent to the bringing of
this lawsuit occurred or accrued in the borough of
Anchorage, Alaska.
GENERAL FACTUAL ALLEGATIONS
6. December 8, 2009, Plaintiff and Defendants entered
into a contract whereby defendants agreed to provide
private duty nursing.
7. A copy of the written contract is attached as
Exhibit A.
8. December 8, 2009, Defendants began providing
services according to signed contract.
9. March 30, 2012, Plaintiff was verbally read
discharge letter by Defendant Alaina Adkins.
10. March 30, 2012, the Defendant left the discharge
letter signed by Alaina Adkins at the Plaintiff's
house.
11. A copy of the discharge letter is attached as
Exhibit B.
12. Defendants colluded to lie, commit fraud by saying
in exhibit B:
"Please note that we have discussed this matter
with your physician and your case manager and all
parties are in agreement with this discharge."

13. The defendants stated in exhibit B that they had
communicated with plaintiff's primary care physician,
Kathy Hurlburt, and case manager, Denise Shelton.
14. The defendants stated in exhibit B that they had
communicated with Denise Shelton but falsely stated
on the outcome of their communication. A copy of
Shelton's testimony of their communication is
attached as exhibit C.
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Collens v. Adkins, et al. Case No. 3AN-14-5961CI
Second Amended Complaint

15. The defendants falsely stated in exhibit B that they
had communicated with Kathy Hurlburt, which they did
not. A copy of Hurlburt's testimony is attached as
exhibit D.
16. Immediately following being read the discharge
letter the plaintiff started suffering from intense
anxiety and began stressing about where and how he
was going to live.
17. Plaintiff feared for his independence and life while
also experiencing greatly increased neurological
pain.
18. As a direct and proximate result Collens suffered:
Emotional and mental distress
Pain and suffering
Threat of being institutionalized
Cost of receiving in-home care
Forced relocation out of state in lieu of
institutionalization
Cost of relocation out of state
Loss of friend and family support

19. The plaintiff suffered significant money damages as
a direct result.

WHEREFORE Jesse Michael Collens demands
judgment for damages against Alaina Adkins, Maxim
Healthcare Services, et al. together with such other
and further relief as the Court may deem reasonable
and just under the circumstances.



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Collens v. Adkins, et al. Case No. 3AN-14-5961CI
Second Amended Complaint

This is to certify that a true and correct copy of
this document with sufficient postage applied was placed in
the U.S. mail, on May____, 2014 and sent to:
Alaska Court System
825 W. 4th Ave.
Anchorage, Alaska (99501)

Signed_________________________________ May___, 2014
Jesse Michael Collens
30601 34th Pl. S.
Auburn, Washington (98001)
(206) 592-6964
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Collens v. Adkins, et al. Case No. 3AN-14-5961CI
Second Amended Complaint

References

Rule 15(a) provides:

"A party may amend the party's pleading once as a
matter of course at any time before a responsive
pleading is served or, if the pleading is one to which
no responsive pleading is permitted and the action has
not been placed upon the trial calendar, the party may
so amend it at any time within 20 days after it is
served. Otherwise a party may amend the party's
pleading only by leave of court or by written consent
of the adverse party; and leave shall be freely given
when justice so requires. A party shall plead in
response to an amended pleading within the time
remaining for response to the original pleading or
within 10 days after service of the amended pleading,
whichever period may be the longer, unless the court
otherwise orders.