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?
I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).