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BACKGROUND: PTF files a motion to amend their interpleader complaint in a USDC proceeding (basically adding two new DFT's) while they concurrently have a MSJ pending against one of the DFT's. None of the DFT's oppose the motion and the judge rules to permit the motion. The DFT who is facing the MSJ intends to file an answer to the amended complaint prior to the MSJ hearing. In the opening paragraph of this DFT's answer, they write "DFT objects to amending the Complaint while a Motion for Summary Judgment (hereafter "MSJ") is pending against this Defendant's Claim. Although the Court's order issued (date redacted) notes no oppositions to the MSJ were filed, the Defendant against whom the MSJ was filed was pre-occupied preparing their Opposition to the Plaintiff's MSJ. This Court should consider denying the Motion to Amend; staying the Motion for Summary Judgment; or, rule the Amended Complaint has no bearing on the Motion for Summary Judgment."
Is this an appropriate paragraph for a DFT to include in their answer to a PTF's motion to amend their complaint?
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