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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What does it mean when a Judge in Federal Civil litigation

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What does it mean when a Judge in Federal Civil litigation denies a Motion For Leave to Amended a Complaint, but leaves the filed Amended complaint in the record, which Defendants filed an objection to AFTER the Court denied Leave to Amend, and now the Court requires Plaintiff to respond to the Defense's Motion to Dismiss on an Amended complaint the Court refers to as "not yet ripe for review"? How can Leave be denied, but the Amended Complaint still stand active for debate?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the proposed amended complaint was filed with the motion for leave to amend and the motion was denied, then the proposed amended complaint is not active and does not have to answer. The defendant seems to be objecting to the filing of the denied amended complaint. The plaintiff would have to file an objection to the defendant's objection and argue just what you stated above, that the motion to leave was denied and thus they are seeking to dismiss a complaint which was never accepted by the court and as such would be a moot motion to dismiss.



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Customer: replied 3 years ago.

I don't know if it is relevant, but the Court stated it was denied because it sought to amend in such a way that was inconsistent with what the Court ordered in granting Defendant's Motion to dismiss of a prior amended complaint. The Court wanted to limit the claims, which this went beyond. In an "Omnius Order" the court denied Plaintiff's reconsideration of that Order which was filed before the Amended Complaint. So this may be a procedural issue.

Thank you for your response.

This sounds like you need to file an objection to your defendant's motion to dismiss and then consider filing another amended complaint and motion for leave with the properly formatted complaint addressing only the limited issues the court is trying to get you to limit.
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