Which county is it?
Arlington County Circuit Court, Arlington, Virginia.
Do you have knowledge of the local area?
No, I do not have particular knowledge of that area, but motion practice is largely governed by local rules. I unfortunately am not able to locate the local rules for that county online.
Generally speaking, motions should be heard in the order they are filed. From a practical standpoint, you can file a written objection to the motion to dismiss citing the fact that you had filed motion to amend prior to the filing of the motion to dismiss. The court can take judicial notice of that filing, and since it is relevant to the motion to dismiss, should also consider that motion to amend concurrently with the motion to dismiss.
I hope this answers your questions. Please let me know if you have any follow-up questions.
I'm afraid I could use a bit more guidance.
I've already filed a memorandum in opposition to the motion to dismiss, but this Judge doesn't actually read memorandums (he certainly hadn't read mine the last time I appeared before him) so hoping that he'll take judicial notice of it is probably unrealistic. Having watched him in action a few times now it appears he just shows up and fields things on the fly. So I need a concise argument to present in person. The idea of the motions being interrelated and thus needing to be hearing concurrently is a good start.
Is there any other brief argument you can think of that I could use? Perhaps a way to leverage the fact that I'm the Plaintiff, and with twelve motions pending I should at least be allowed to get a word in edgewise before my opponents set the agenda? Or any other argument you can think of?
Otherwise, I guess all I can do is call the clerk's office and hope I get someone helpful on the phone to explain the local rules. Not blaming you, this is a narrow question... but not everything is a softball and I really could use some help.
From my perspective, this is a fairly straight-forward argument. The defendant has filed a motion to dismiss based on a curable error for which you had previously asked the court for leave to amend and correct. The fact that you have filed that is a defense to the motion to dismiss. If the court dismisses the case without even reviewing your motion to amend, that is grounds for appeal. If you explain in your oral argument the timing of the motions, the court should rule in your favor (assuming the proposed amended filing cures the defect).
Please let me know if you have any follow-up questions. I am happy to clarify.