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TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4430
Experience:  Lead Personal Injury Trial Lawyer
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hello, i have two questions. 1) i sent in an amended complaint

Resolved Question:

hello, i have two questions.

1) i sent in an amended complaint in federal court. It was incomplete and one of the defendants sent in a motion to stirke. I am not contesting it much, though i did respond. I have a well written second mended all of them know about, and im sending it in as soon as that one is struck. However one plaintiff then sent in their answer, even though he knows that amended complaint is likely to be struck. By sending in that answer, have they locked me into that poorly written complaint? Because i cant think why they would have done that, knowing i have already told the forum im sending in a much more complete one with more defendants and charges.

2) today is the deadline for some discovery that a defendant snet me that was ridiculously long. I m going to ask for a motion to stay proceedings for unrelated purposes. Should i also include a motion to stay discovery with that just to be safe If not im going to send in a motion to quash discovery request. I need more time either way. i figure a motion to stay proceedings (which is likely to be granted do to complicated developments with a plaintiff in a connected case).

thank you very much
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  TexLaw replied 2 years ago.

Thank you for your question.

1. No, you may amend your complaint again prior to the resolution of the motion to strike (which is exactly what you should do). However, because it is a second amendment, you will need to file a "Motion for Leave to Amend Complaint" under FRCP 15. You will attach your second amended complaint to this motion.

2. In regard to this question, I need more information. What is the reason that you need more time to respond to discovery?
Customer: replied 2 years ago.
im up against 12 wealthy people in a spyware lawsuit, as well as the spyware maker. Ive been a bit stretched for resources. Its been a year and a half now. But also it has to do with some complicated things, that will likely get me this granted by the judge. I suspect she too would not mind a break from this case. its been intense lately. I had planned to wait until the motion to stirke was granted, cuz this was going to be another complaint altogether. if i amend wihile that one is still "unstruck" im not sure how that would work. This is an 80 page amended, that includes new defendants, and COnstitutional remdeies being sough., I didnt include that in the amended complaint thats yet to be struck.
Expert:  TexLaw replied 2 years ago.
When you amend the complaint, it makes the motion to strike a moot point if you are amending to address the issue raised by the motion to strike. That's why you should do it now.

In regard to discovery, your motion to stay the proceedings needed to be ruled on in order to preserve your right to answer discovery on time. Simply filing the motion will not preserve preserve this right and your answers will be late. Thus, in order to not have late answers, you need to file a placeholder answer for each discovery request, or you need to request a written agreement to extend the time to respond with opposing counsel. This is generally given, although if your case is contentious it might not be.

You can answer a discovery request by either filing an objection or by stating: I am diligently searching for responsive information and will supplement this answer immediately upon discovery of the same.

If you are in good faith on this matter and have not simply ignored the discovery requests until the deadline, then this will preserve your right to answer.

However, if you want to object to the request, you must do so by the deadline or you waive the objections.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
TexLaw, Attorney
Satisfied Customers: 4430
Experience: Lead Personal Injury Trial Lawyer
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