Defendants’ Motion for Leave to File Amended Memorandum in Support of Motion to Dismiss Instanter — United States ex rel. Forsyth v. Kso Metalfab, Inc. (Dkt. 37, N.D. Ill.)

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Defendants' Motion for Leave to File Amended Memorandum in Support of Motion to Dismiss Instanter in United States of America ex rel. Aidan Forsyth v. KSO Metalfab, Inc., and Dora Kuzelka, No. 1:23-cv-04875, in the U.S. District Court for the Northern District of Illinois, filed April 14, 2026. The defendants state that they filed their Rule 12(b)(6) motion to dismiss (Dkt. 35) and memorandum (Dkt. 36) on April 7, 2026, but attached the exhibits to the motion instead of the memorandum through an inadvertent filing error. They ask leave to file an amended memorandum with the exhibits and a minor docket citation correction, stating that it is substantively identical and that plaintiff's counsel does not object.

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Case: 1:23-cv-04875 Document #: 37 Filed: 04/14/26 Page 1 of 3 PageID #:161




                        IN THE UNITED STATES DISTRICT COURT
                       FOR THE NORTHERN DISTRICT OF ILLINOIS
                                  EASTERN DIVISION

UNITED STATES OF AMERICA, ex rel.,    )
Aidan Forsyth,                        )
                                      )
                       Plaintiff,     )
                                      )
         v.                           )                      No. 1:23-cv-04875
                                      )
KSO METALFAB, INC., and DORA KUZELKA, )                      Judge Manish S. Shah
                                      )
                       Defendants.    )


        DEFENDANTS’ MOTION FOR LEAVE TO FILE AMENDED MEMORANDUM
              IN SUPPORT OF MOTION TO DISMISS INSTANTER

       Defendants Dora Kuzelka and KSO Metalfab, Inc. (“Defendants”), by their attorneys,

respectfully move this Court for leave to file their Amended Memorandum in Support of their Rule

12(b)(6) Motion to Dismiss instanter, and in support state as follows:


       1.      On April 7, 2026, Defendants filed their Motion to Dismiss pursuant to Rule

12(b)(6) (Dkt. 35) and Supporting Memorandum. Dkt. 36.

       2.      Due to an inadvertent filing error, Defendants attached their exhibits to their

Motion, not the supporting Memorandum.

       3.      Defendants now seek leave to file their Amended Memorandum in Support of

Defendants’ Rule 12(b)(6) Motion to Dismiss, attached hereto as Exhibit 1, instanter. The

Amended Memorandum also includes a minor correction to a docket citation on Page 2.

       4.      This request will not prejudice Plaintiff or delay this case because the Amended

Memorandum is substantively identical to Defendants’ original Memorandum.

       5.      Plaintiff’s counsel does not object to this Motion.

    Case: 1:23-cv-04875 Document #: 37 Filed: 04/14/26 Page 2 of 3 PageID #:162




       WHEREFORE, Defendants respectfully request that the Court grant leave to file their

Amended Memorandum in Support of their Rule 12(b)(6) Motion to Dismiss, instanter, and for

such other relief as the Court deems just and appropriate.


Date: April 14, 2026                                 Respectfully,

                                                     KSO Metalfab, Inc. and Dora Kuzelka

                                                     By: /s/Gary Hollander
                                                     Gary P. Hollander (ARDC #6181915)
                                                     Khoa Trinh (ARDC #6351044)
                                                     ARONBERG GOLDGEHN
                                                     225 W. Washington St. Suite 2800
                                                     Chicago, Illinois 60606
                                                     (312) 923-7336
                                                     ghollander@agdglaw.com
                                                     ktrinh@agdglaw.com

                                                      Counsel for Defendants




                                                2

    Case: 1:23-cv-04875 Document #: 37 Filed: 04/14/26 Page 3 of 3 PageID #:163




                               CERTIFICATE OF SERVICE

       I, Khoa D. Trinh, hereby certify that on April 14, 2026 I caused to be electronically filed

the foregoing    DEFENDANTS’ MOTION                 FOR LEAVE         TO FILE       AMENDED

MEMORANDUM IN SUPPORT OF MOTION TO DISMISS INSTANTER, true and correct

copies of which will be served via the Court’s EF/ECM system on all parties of record.


                                                            /s/ Khoa D. Trinh




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