FOR ELY PLEASE…. Hey ELY, its Dan….you told me earlier that I need to file a motion for leave to file an interlocutory appeal ( concerning denial of a motion for leave to file an amended complaint, which effectively terminates the lawsuit against newly added defendants on that complaint — although one old defendant remains in the case). I assume that I cant just file an appeal, because that one defendant remains, although since she is not allowing the amended complaint, and the initial complaint was recommended to be dismissed by the Magistrate, it does kind of (UN)TECHNICALLY end the case against the old defendant too. She is purposefully skipping around the magistrates flawed old report and recommendations that it be dismissed, because she knows I will appeal that and have a good chance to get it reversed. This way, I cant get at an Appeal, since the case technically has not been terminated. Would it be wise of me to ask the federal judge to certify the magistrates granting of the motion to dismiss a year ago, so that I can appeal it at the same time as I appeal this denial of leave to file the second amended complaint? I can argue it furthers the interest of justice, and decreases expense of litigation. This way she cant skip around the topic, without looking bad doing so. SHe is bound to ruel ni favor of the magistrate anyway. I think she has ruled on this issue first, to gauge whether or not I will appeal the first R&R. To see what hand im intending to play, or if im satisfied with the settlments.
Regardless, before i have to file notices or statements or praecipes (whatever that is) to any of the defendants, I assume do have to wait until that motion for leave is allowed or disallowed, right? Also, do i have to attach the actual appeal to the motion for leave like I do in other motions for leave? Or i assume that because this is an appeal to the court of appeals, I can wait until I get it approved, and then file it?
Also, should I bother with a motion for reconsideration before I file the motion to file the interlocutory appeal, even though its guaranteed to be denied? thank you for having told me about the interlocutory thing. I will be on later to see the response. thank you