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Amend Complaint

Discussion in 'Civil Court, Procedure & Litigation' started by noquitter, Oct 8, 2008.

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  1. noquitter

    noquitter Law Topic Starter New Member

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    I filed a lawsuit in federal court, and amended once as a matter of right prior to any responsive pleadings.

    There are 3 defendants that each filed 12b motions, one has filed an answer.

    While those were pending, I filed a second amended complaint to add another defendant, and supplement the record with new facts and claims.

    I got another barrage of 12b's - all objecting to the 2nd amended.

    The conduct giving rise to the complaint continues, more egregious than before, and the court may soon rule on the 2nd amended, and the 12b's.

    Since new damages have occurred since the second amended complaint- is it permissible/ appropriate to file a 3rd amended now- before the court rules on the pending dispositive motions? Also, I have discovered another real party in interest. The new facts may support a Temporary Injunction, and I'd like the court to be aware of the new misconduct. The new misconduct makes my case stronger than ever, and I'd hate to not get the information before the court, and perhaps get dismissed.


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