{UAH} UPDATE ON LITIGATION...AMENDED PETITION

COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX SUPERIOR COURT

CIVIL ACTION NO.15-1568

Andrew Abe, et al
Petitioners

v.

BRIAN KWESIGA, et al,
Respondents       

PETITIONERS' MOTION TO AMEND PETITION

NOW COME the Petitioners in the above-captioned action, through their attorney Joseph Musoke, and move this Honourable Court, pursuant to Mass. R. Civ. P. 15(a) and G.L. c. 231, § 51 for leave to amend the Petition to add other members of Ugandan North American Association ("UNAA") who wish to join this action as Petitioners. The members and their receipt numbers (where known) are: Otto (#4002356), Nantamu (#332923), Bakama, Buwembo, Kisembo, Musinguzi (#334230), Serwanga (#434562), Rutehenda (#9218778), Kimbugwe, Bukenya, Kayoshe (#3234361), Mureeba, Ogwang (#3823421), Mushana (#3362334), Besigye, Muntu and Mbabazi.  Most of them were part of the group that demanded the special meeting of UNAA on November 4, 2014. See Petition, Exhibit I.  At this time, their addresses are unknown to the Petitioners but, on information and belief, the Petitioners state that the Respondents have their addresses since the Respondents require each member to provide their address when they pay for membership.  All Petitioners can be reached through their counsel of record, Joseph Musoke, at the address below.

These members were excluded from the Petition because the court clerks misinformed the Petitioners that they would have to pay $2,750 for each named petitioner. See Petitioners' Response to Counterclaims, ¶ vi.  Since Petitioners did not wish to spend that much money, they removed the above names and submitted payment for just two named Petitioners. However, the clerks later returned the payment for the second Petitioner and explained that for this kind of Petition, the $2,750 was sufficient to cover all Petitioners.

Standard

Under  G.L. c. 231, § 51, the court may, at any time, allow amendments adding a party which may enable the plaintiff to sustain the action for the cause for which the action was intended to be brought.  Any amendment allowed pursuant to this section relates to the original pleading.  Under MRCP 15, "the expressed tendency is in favor of allowing amendments and a motion to amend should be allowed unless some good reason appears for denial".  See Castellucci v. United States Fid. and Guar. Co., 372 Mass. 288, 289 (1977).  Motions to amend the pleading can be allowed at the time of trial and at the close of evidence. See Novel Ironworks, Inc. v. Wexler Construction Co., 26 Mass. App. Ct. 401 (1988).

Here, the Respondents have alleged that the two named Petitioners were not enough to sustain the Petition. (Answer to Petition, ¶¶ 5, 15 & 20).  Assuming, for purposes of this motion only, that the two (2) Petitioners were not enough to sustain the action, adding the members above will enable the Petitioners to sustain their action.  

There is no good reason for denial of this motion since this action is still in the early stages and adding the members named above will not be unduly burdensome to the Respondents as they have been aware that most of the people named above signed the petition that was delivered to the Respondents on November 4, 2014. (Answer to Petition, ¶ 20 and Exhibit I attached to the Petition).  Discovery has yet to start and no orders have been issued.  In addition, including these members will save Court's time and the parties' meager resources by eliminating duplicative litigation.

Conclusion

For the foregoing reasons, the Petitioners respectfully request that this Honorable Court issue an order allowing this amendment to the Petition to add the additional Petitioners.

Date: 7/8/2015

           Respectfully submitted,

           PETITIONERS,

           By the Counsel,

Joseph Musoke

CERTIFICATE OF SERVICE

I hereby certify that on this

day a true copy of the above

document was served upon the attorney

of record for the Respondents by mail.

Date: 7/8/2015.  _______________Joseph Musoke

 

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