Motion to Amend

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legalhelp

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I am a party to a lawsuit that I do not believe I should even be a part of. Can a Plaintiff file for a Motion to Amend as to a responding party after they have already secured a Default Judgement against the appropriate non responding Defendant in the lawsuit. The plaintiff's seem to acting in bad faith by not proceeding against the defaulting defendant and always delaying any response or time for meetings, etc.... Now I have been served with a Motion to Amend after a year. I was just curious to see if there was anything that might help me have this motion denied. Also the facts they have added in the motion seem to be quite out of line (misintrepretation of what was said) can we object to the language or their version of the facts in the motion to amend at the hearing?
 
I don't know the details. If you believe you aren't a responsible party then you should have filed a motion to dismiss based upon (a) there is no cause of action against you, and providing (b) proof that the case was already properly settled as to the proper Defendant. There is nothing to prevent a plaintiff from filing against all responsible parties although the cases are usually joined given that the court will need to adjudicate over the same matter for all the litigants. For example, if you and John were drinking and riding a two person bicycle and ran into Jane, Jane can sue John being the driver for damages. Jane can also sue you, even though she sued John, claiming that you are also responsible even though you feel that being in the back position and not having control of the handlebars somehow makes you not liable. That's a matter for the court to decide and see whether Jane really has any case against you.
 
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