Case 2:05-cv-02257-KHV-JPO Document 18 Filed 10/27/05 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF KANSAS

GRACELAND COLLEGE CENTER FOR )
PROFESSIONAL DEVELOPMENT AND )
LIFELONG LEARNING, INC., )
d/b/a SKILLPATH )
6900 Squibb Road )
Shawnee Mission, Kansas 66201-2768, )
)
Plaintiff, ) Case No. 05-2257-KHV
)
v. )
)
MICHAEL F. PRICE, d/b/a )
BizSummits, SkillSummit, )
and VC South )
66 Perimeter Center, 6th Floor )
Atlanta, Georgia, 30346, )
)
Defendant. )

MEMORANDUM IN SUPPORT OF SKILLPATH’S MOTION FOR LEAVE TO
AMEND COMPLAINT

Plaintiff Graceland College Center for Professional Development and Lifelong Learning,

Inc., d/b/a SkillPath. (“SkillPath”) in support of its Motion for Leave to Amend its Complaint

states as follows:

This is a case brought under the Copyright Act and the Lanham Act, in which SkillPath

alleges that Defendant Price copied significant amounts of textual material protected under

federal copyright law, and used SkillPath’s federally registered trademarks in violation of the

Lanham Act, along with similar state law claims. In its original Complaint, SkillPath named

Defendant Michael Price (“Price”) as the sole defendant, individually and in his capacity as the

proprietor of what SkillPath believed to be various unincorporated business going by the

fictitious named “VC South,” “BizSummits,” and “SkillSummits.”

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In response to SkillPath’s Complaint, Defendant Price filed and served his Motion to

Dismiss for Lack of Personal Jurisdiction, and in support of that Motion, Price submitted an

affidavit in which he describes the true organizational corporate structure of his businesses. In

particular, Price states that he is the President of Specialty Holdings LLC d/b/a VC South (“VC

South”) and BizSummits LLC (“BizSummits”), both of which are Georgia limited liability

companies. SkillPath had not been aware of this corporate structure prior to filing its Complaint.

Because the actions described in the Complaint are attributable to Price as well as his companies,

VC South and BizSummits, SkillPath desires to amend its Complaint to add those entities as

parties.

Rule 15 of the Federal Rules of Civil Procedure states that leave to amend a pleading

“shall be freely given when justice so requires.” Fed. R. Civ. P. 15(a). Courts interpret Rule 15

to allow amendments generously; in fact, the Supreme Court has held that leave to amend should

be granted in the absence of any reason such as undue delay, bad faith, repeated failure to cure

deficiencies by amendments previously allowed or undue prejudice to the opposing party.

Foman v. Davis, 371 U.S. 178, 181 (1962); accord Bauchman for Bauchman v. West High

School, 132 F.3d 542, 559 (10th Cir. 1997); Metzger v. City of Leawood, 144 F. Supp. 2d 1225

(D. Kan. 2001) (leave to amend granted more than a year after original complaint filed, when

parties were on eve of trial, since no new discovery would be required as a result of amendment).

In this case, none of the factors enumerated above is present. The case has just begun,

and no scheduling order has been set. Therefore, granting leave for SkillPath to amend its

complaint will not result in prejudice to any party. In addition, SkillPath has made no previous

amendments, so there are no previously uncured deficiencies. SkillPath seeks leave to amend in

a good faith effort to add parties whom it believes are needed for just adjudication.

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For the foregoing reasons, SkillPath respectfully requests that the Court grant it leave to

amend its Complaint, and that the Court allow SkillPath to file its proposed Amended Complaint,

attached as Exhibit A to SkillPath’s Motion for Leave to Amend its Complaint.

Respectfully submitted,

SONNENSCHEIN NATH & ROSENTHAL LLP

By: /s/ Rebecca Stroder
Robert O. Lesley KS #11545
Rebecca S. Stroder KS #20648
4520 Main Street, Suite 1100
Kansas City, Missouri 64111
Phone: (816) 460-2400
Fax: (816) 531-7545
rlesley@sonnenschein.com
rstroder@sonnenschein.com

Attorneys for Plaintiff Graceland College Center for
Professional Development and Lifelong Learning, Inc.,
d/b/a/ SkillPath, Inc.

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Case 2:05-cv-02257-KHV-JPO Document 18 Filed 10/27/05 Page 4 of 4

CERTIFICATE OF SERVICE

I hereby certify that on October 27, 2005, I filed the foregoing document with the Clerk
of the Court, using the ECF system, which delivered copies via email to the following:

Jan P. Helder, Jr., Esq.
Helder Law Firm
2300 Main St., 9th Floor
Kansas City, MO 64108
jph@helderlaw.com
/s/ Rebecca Stroder
Attorney for Plaintiff

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