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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 07-cv-00630-DME-MEH
NETQUOTE INC, a Colorado corporation,
Plaintiff,
v.
BRANDON BYRD, an internet user making use of the IP Addresses 64.136.27.226 and
64.136.26.227, and
MOSTCHOICE.COM, Inc., a Georgia corporation
Defendants.
MOTION FOR LEAVE TO AMEND COUNTERCLAIMS
Comes now, Defendant Mostchoice.com, Inc. and herein moves this Court to Grante
Leave to Allow Mostchoice to Amend its Counterclaims and shows this Court the following:
I. Standard for Amending Complaint
FRCP 15(a) provides that a party may amend its complaint by leave of court, and that
leave shall be freely given when justice requires. Leave may only be denied where the Court
finds "undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure
deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue
of allowance of the amendment, or futility of amendment." Foman v. Davis, 371 U.S. 178, 182,
(1962) as quoted in Spencer v. Wal-Mart Stores, Inc., 203 Fed. Appx. 193, 195 (10th Cir. 2006).
Case 1:07-cv-00630-DME-MEH Document 53 Filed 07/23/2007 Page 1 of 3
Netquote Inc. v. Byrd
Doc. 53
Dockets.Justia.com
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II. Proposed Amendments
Mostchoice filed counterclaims alleging that Netquote engaged in click fraud and,
through agents, defamed Mostchoice. Netquote has moved to dismiss the complaints for failing
to state a claim upon which relief can be granted and attacked the counterclaim for a lack of
specific factual allegations.
Netquote moves to amend its complaint to re-state its claims for click fraud and
defamation, and to include an additional claim for tortious interference. A copy of the proposed
amended complaint is attached hereto as Exhibit “A.”
WHEREFORE, Mostchoice prays that this Court Grant this Motion and Grant Leave to
Amend its Counterclaim, and for such other and further relief deemed necessary and just by this
Court.
Dated this 23 day of July, 200