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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
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`MARGARET LEE, On Behalf of Herself
`and All Others Similarly Situated,
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`Plaintiff,
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`CONAGRA BRANDS, INC.
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`Defendant.
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`Civil Action No. 1:17-cv-11042-NMG
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`PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT
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`Pursuant to Fed. R. Civ. P. 15(a)(2), Plaintiff Margaret Lee moves for leave to amend her
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`complaint. As set forth more fully in the accompanying memorandum in support of this motion, the
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`proposed amended complaint conforms to the evidence offered at summary judgment (see ECF 75,
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`76, 77) by adding factual allegations that, at the time Plaintiff filed her complaint, Conagra
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`maintained no place of business and kept no assets in the Commonwealth. The proposed amended
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`complaint also removes references to retailer defendants Plaintiff named in her prior complaint but
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`later voluntarily dismissed. See ECF 33 (voluntary dismissal of retailer defendants), and withdraws
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`the request for injunctive relief against Conagra, as Conagra no longer sells Wesson Oil, having sold
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`the Wesson Oil brand in December 2018. Plaintiff’s proposed amended complaint is attached to this
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`motion as Exhibit 1.
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`Given the liberal standard for amendments to a complaint under Fed. R. Civ. P. 15(a)(2), and
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`that this case remains at the early stages (Conagra only answered the complaint a few months ago,
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`ECF 65), Plaintiff respectfully requests that the Court grant this motion for leave for Plaintiff to file
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`an amended complaint.
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`Case 1:17-cv-11042-NMG Document 83 Filed 11/06/20 Page 2 of 4
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`Dated: November 6, 2020
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`Respectfully submitted,
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`/s/ Patrick J. Vallely
`Edward F. Haber (BBO # 215620)
`Patrick J. Vallely (BBO # 663866)
`SHAPIRO HABER & URMY LLP
`Seaport East
`Two Seaport Lane, Floor 6
`Boston, MA 02210
`(617) 439-3939 – Telephone
`(617) 439-0134 – Facsimile
`ehaber@shulaw.com
`pvallely@shulaw.com
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`Attorneys for Margaret Lee and the
`proposed class
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`Case 1:17-cv-11042-NMG Document 83 Filed 11/06/20 Page 3 of 4
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`/s/ Patrick J. Vallely
`Patrick J. Vallely
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`CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1(A)(2)
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`Pursuant to Local Rule 7.1(a)(2), I hereby certify that I conferred with counsel to Defendant
`concerning the relief requested in this motion on November 3 and 5, 2020. Conagra did not agree to
`the relief requested through this motion.
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`Dated: November 6, 2020
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`Case 1:17-cv-11042-NMG Document 83 Filed 11/06/20 Page 4 of 4
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`/s/ Patrick J. Vallely
`Patrick J. Vallely
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`CERTIFICATE OF SERVICE
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`I hereby certify that the above and foregoing pleading was filed electronically through
`the Court's electronic filing system and that notice of this filing will be sent to all counsel of record
`in this matter by operation of the Court's ECF system.
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`Dated: November 6, 2020
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