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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I have a question related to Answering an Amended Complaint

Resolved Question:

I have a question related to Answering an Amended Complaint in a USDC case. Please lock this question after discussing. When you are ready to discuss this question, please let me know. I have my question prepared.
Submitted: 6 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 6 years ago.
What is your question?
Customer: replied 6 years ago.

BACKGROUND: PTF files a motion to amend their interpleader complaint in a USDC proceeding (basically adding two new DFT's) while they concurrently have a MSJ pending against one of the DFT's. None of the DFT's oppose the motion and the judge rules to permit the motion. The DFT who is facing the MSJ intends to file an answer to the amended complaint prior to the MSJ hearing. In the opening paragraph of this DFT's answer, they write "DFT objects to amending the Complaint while a Motion for Summary Judgment (hereafter "MSJ") is pending against this Defendant's Claim. Although the Court's order issued (date redacted) notes no oppositions to the MSJ were filed, the Defendant against whom the MSJ was filed was pre-occupied preparing their Opposition to the Plaintiff's MSJ. This Court should consider denying the Motion to Amend; staying the Motion for Summary Judgment; or, rule the Amended Complaint has no bearing on the Motion for Summary Judgment."


Is this an appropriate paragraph for a DFT to include in their answer to a PTF's motion to amend their complaint?

Expert:  Law Educator, Esq. replied 6 years ago.
That paragraph is inappropriate because the time to object to the motion to amend has passed and none of the defendants objected within that time and in the answer is not the time or place to ask for anything about the MSJ, you simply have a right to answer the amended complaint as any other complaint.

If you had this objection to the amended complaint you should have filed it during the time to object to the motion. Although, in motions to amend, the rules say that the judges shall be very liberal in allowing amendments, so most objections to motions to amend fail.

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