26 27 28 MAMC David R. Koch (Nevada Bar No. 8830) Daniel H. Stewart (Nevada Bar No. 11287) KOCH & SCOW LLC 11500 S. Eastern Ave., Suite 210 Henderson, NV 89052 Telephone: (702) 318-5040 Facsimile: (702) 318-5039 Bill Frizzell (Texas Bar No. 07484500) Frizzell Law Firm 602 South Broadway Tyler, Texas 75701 Telephone: (903) 595-1921 Facsimile: (903) 595-4383 Appearing Pro Hac Vice Attorneys for Plaintiff CMKM Diamonds, Inc. Electronically Filed 04/05/2011 03:49:56 PM An dem CLERK OF THE COURT DISTRICT COURT CLARK COUNTY, NEVADA CMKM DIAMONDS, INC., a Nevada corporation; Plaintiff, DAVE DESORMEAU, individually; JOHN EDWARDS, individually; ETON PROPERTIES CORP.; WELLS FARGO BANK, NATIONAL ASSOCIATIO GLOBAL STOCK TRANSFER, LL HELEN G. BAGLEY, individually: STACY EWING, individually: SECURITIES TRANSFER AGENTS MEDALLION PROGRAM, INC. (STAMP); DOES 3 through 50 and ROE CORPORATIONS 5 through 50, inclusive, Defendants. Case Ne A538649 Department: XXV MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINTPlaintiff CMKM Diamonds, Inc. (“Plaintiff”) hereby applies to this Court pursuant to Rule 15(a) and Rule 21(a) of the Nevada Rules of Civil Procedure for leave to amend its complaint in this action, Plaintiff makes this motion on the grounds that it has discovered two new entities, First Colony Merchant (“Merchant”) and Tobian Trading Limited (‘Tobian”), that are the alter egos of Judgment Debtor John Edwards (“Edwards”). As alleged in Plaintiff's proposed Third Amended Complaint, Merchant and Tobian (and thus Edwards) have rights to certain loan proceeds that should be applied to the outstanding judgment against Edwards. If this motion is granted, Plaintiff also respectfully asks this Court to permit Plaintiff to serve Defendants Wells Fargo, Global Stack Transfer, LLC, Helen Bagley, Stacy Ewing, and Securities Transfer Agents Medallion Program, Inc., with the Third Amended Complaint. Plaintiffs has not yet served these defendants with the Second Amended Complaint, but Plaintiff is not adding any new claims against these Defendants, and Plaintiff is ready and able to personally serve these Defendants with the Third Amended Complaint. This motion is based upon the attached memorandum of points and authorities, all pleadings and papers on file herein, the attached Declaration of Bill Frizzell, and any oral argument that this Court may entertain on the matter. Dated: April 4, 2011 FRIZZELL LAW FIRM By: Attorney for Plaintiff CMKM Diamonds, Inc.NOTICE OF MOTION TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that the undersigned will bring the foregoing Motion for Leave to File Third Amended Complaint on for hearing before Department XXV of the Court counsel may be heard. 2 3 4 5 6 jon Mex 22 , 2011, at the hour of 2:09 4 _.m. or as soon thereafter as o 8 Dated: April 4, 2011 FRIZZELL LAW FIRM 9 0 By: Attorney for Plaintiff CMKM Diamonds, Inc. 12 13 te MEMORANDUM OF POINTS AND AUTHORITIES 15 lll. This Court Should Grant Plaintiff's Request For Leave To Amend 16 A. Legal Standard for Motions to Amend 7 After a responsive pleading has been filed in an action, the plaintiff may amend its 18 ll complaint by leave of court, and “leave to amend a pleading shall be freely given when 19 Tliustice so requires.” NRCP 15(a); Adamson v. Bowker, 85 Nev. 115, 120 (1969). Absent. 20 || reasons to deny a motion to amend — such as undue delay, bad faith, or dilatory motives on 21 |lthe part of the moving party — leave should typically be granted. See, e.g., Kantor v. 22 || Kantor, 116 Nev. 886, 891 (2000). In addition, a party may be joined in an action together 23 || with other defendants “if there is asserted against them jointly, severally, or in the 24 | alternative, any right to relief in respect of or arising out of the same transaction, 25 |] occurrence, or series of transactions or occurrences and if any question of law or fact 26 || common to all defendants will arise in the action.” NRCP 21(a) 27 28