Motion to Dismiss 002-relation back-federal court

Motion to Dismiss 002: relation back in federal court:

Amended complaint satisfies requirements of Rule 15(C) of Federal Rules of Civil Procedure such that it relates back to plaintiff’s original filing.

Identity of interest between related defendant entities such that notice to one constitutes notice to all for purposes of statute of limitations.

Primary defendant entity had actual notice of action within time for service of process and knew “but for a mistake in identity” it would have been entity named.

Primary defendant entity not prejudiced in its defense on the “merits.”

Primary defendant entity knew within time for service of process, that but for a mistake, it would have been named in complaint.
No basis for claim plaintiff’s mistake was tactical.

Constitution not offended by relation back in case.

Nothing unconstitutional about four-year tort limitations period, nor Nebraska borrowing statute at issue here.

Nothing unconstitutional about interrelation of issues.