IN THE CIRCUIT COURT OF JEFFERSON COUNTYSTATE OF MISSOURI

KENNETH J. MOSS.

Plaintiff,

ROBERT K. SWEENEY, et al.,

Defendants.

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) Cause No. l3JE-CC00134

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) Division No. 2)

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SO ORDERED:

-4J6

Feb 14, 2014, 5:03 pm

TROY CARDONA

CIRCUITJUDGE, DIV.5

PLAINTIFF'S MOTION FOR LEAVE TO AMEND PETITION

COME NOW Plaintiff, by and through counsel, pursuant to Missouri Supreme Court

Rule 55.33 and requests leave of this Courl to file the attached First Amended Petition for

Damages in the above-referenced case and in support of this motion, Plaintiffs state as follows:

1. On or about February 14,2013, Plaintiff filed his Petition for Damages against

Defendants Robert K. Sweeney. Mayor Ron Counts, Chief Robert T. Shockey, Susan Boone, and

Kevin L. Garrison. All Defendanis were served and are represented by counsel in this action

except Defendant Kevin L. Garrison, who could not be found to be served.

2. Various efforts have been made to locate and serve Defendant Garrison since the

filing of the Petition, to include attempts to personally serve him at his principal place of

business, at his home address, and to serve him by mail as permitted by Missouri Supreme Court

Rule 54.16, all without success. Defendant Garrison is no longer listed as the owner of the home

he owned when this lawsuit was filed and could not be found at this home, even when he was

listed as the owner of it.

3. Defendant Garrison is licensed as a private investigator through the Missouri

Division of Professional Registration but lists as his address for purposed of this registration only

"st.Louis,MO63146." DefendantGarrisonisalsolistedontheSpecial ProcessServerListfor

St. Charles County but lists only a Post Office Box as his address.

4. Plaintiff has not been able to locatc or serve Defendant Garrison in this lawsuit,

despite his reasonable efforts to do so.

5. At all times relevant in the lawsuit, Defendant Garrison was acting as the

agent/employee of Protective & Investigative Services, Inc., a Missouri cotporation with a

registered agent listed at the same address as its principal place of business. When Plaintiff

attempted to serve Defendant Garrison at the very same address, the process server was informed

that the address u,as his accountant's address. not Defendant Garrison's address.

6. Plaintiff seeks leave to amend his pleading to add Protective & Investigative

Services, Inc. as a parly Defendant to this action, as it would be responsible for the acts taken by

Defendant Garrison in the scope of any agency/employment. Adding Protective & Investigative

Services, Ltc. as a Defendant will-not delay this proceeding as a registered agent can easily be

found and served, unlike Defendant Garrison.

7. Missouri Supreme Court Rule 55.33(a) provides for liberal amendment stating

that "leave shall be freely given r,vhen justice so requires." Pleadings may be amended even after

judgment to conform with tlie evidence presented at trial, showing the liberality of amendments

under the Missouri Rr-rles of Civil Procedure. See Rule 55.33(b).

8. The Missouri Suprerne Courl has set fofih a three-factor test to determine whether

leave to amend a pleading should be granted. These factors are: (l) the hardship to the moving

party if leave is not granted; (2) the rnoving party's reason fbr ornitting the matter in the original

pleadings; and (3) any injustice that worlld result to the nonmoving party if the court granted