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Law Pro
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Category: Real Estate Law
Satisfied Customers: 24869
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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hi i have 2 questions; 1) i sued a corporation, but now

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hi i have 2 questions;

1) i sued a corporation, but now am adding a few of the board members as new defendants on an amended complaint. I assume i can notice them after i file this tomorrow or need i first notice them and then file it? Or can i add defendants in a less traumatic way than an amended complaint, like supplement to pleadings, or joinder?

2) if i add them, there will be more defendants in a different state than in the forum state. WOuld that present a problem?

thank you

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Is this state or federal court?

If state - what state?
Customer: replied 3 years ago.

federal court, ohio

Hi. Did we communicate on this before - I'm thinking we did??
Customer: replied 3 years ago.

i copied and pasted the wrong question, sorry. I meant to ask this one....i sued this defendant, named, for example, SMITH, LLC....but they recently just changed to SMITH and JONES, LLC . I am amending the complaint, and just realized the name change today...should i continue to name them what they were named when the violations occurred, and what they were named in the original complaint? Jones is the same partner that was included in the original complaint, but there are new partners..should I add them. or because they came after the violations, they should not be added? we have not spoken of this , no, as I just found out today. thank you

OK, no problem.

i sued this defendant, named, for example, SMITH, LLC....but they recently just changed to SMITH and JONES, LLC . I am amending the complaint, and just realized the name change today...should i continue to name them what they were named when the violations occurred, and what they were named in the original complaint? Jones is the same partner that was included in the original complaint, but there are new partners..should I add them. or because they came after the violations, they should not be added? we have not spoken of this , no, as I just found out today. thank you


Did you get service of process on them AND have they responded with any pleading?
Customer: replied 3 years ago.

yes they responded with answers a long time ago as SMITH, LLC this is an old case, filed april 2012 I am just amending for various other reasons, but while im at it, i noticed this change in partnership..when i named them, it was one owner, now its 2 named partners, and 2 unamed ones.


 


A plaintiff in another case such as mine sued all partners in the firm, so maybe i need to add the new partners , even though they werent partners at the time of the violations? thanx again

Oh, then you keep it as is - you don't change anything whatsoever. You got them - you filed, got them served, and they filed a response. It doesn't matter that they changed names now.


You can only name partners that were partners at the time of the event complained of.

A new partner or member would not have any personal liability for something that happened when they weren't a partner or member.

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Customer: replied 3 years ago.

perfect thank you..sorry about the confusion before.

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