IN THE CIRCUIT COURT OF JEFFERSON COUNTY

STATE 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:
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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