Re: How to file amended complaint with new defendants for brief in opposition??

"dingus" <fincadenada@xxxxxxxxx> wrote in message
news:83548b22-4a91-4a0f-a2ff-59a5a9d03912@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
I filed a pro-se complaint against my company in district court and
received a response (before I had a chance to file an amended
complaint) with a motion to dismiss for two main reasons (lack of
jurisdiction, claims it should be derivative in nature).

To counter their motion to dismiss I would like to file an amended
complaint including additional defendants and a fair amount of
supporting evidence. I have deadlines of June 12th for the brief in
opposition and june 22nd for the brief in reply.

What kind of motions / request should i file with the court to get
through this?

If your amended complaint will fix the jurisdiction problem and the standing
problem, or if those are not real problems, the solution is to file four
things. File a motion for leave to file an amended complaint, with your
amended complaint attached. File an opposition to the defendant's motion to
dismiss, and file a motion for an order that your motion and defendant's
motion will be heard in the same hearing, either on the original hearing
date set by defendant, or at a later date set by you, with the choice being
made by the court after seeing the defendant's opposition to your motion.

If your amended complaint won't fix the jurisdiction problem or won't fix
the standing problem, the solution is to submit your own dismissal without
prejudice along with your opposition to defendant's motion to dismiss with
prejudice. The court is likely to rule in your favor, dismissing without
prejudice, because courts are biased in that direction, for good reason.
But the ruling could go against you if your opposition pleading doesn't make
some marginally viable argument that you might succeed in this court with
another lawsuit. Even if you lose, dismissal with prejudice doesn't stop
you from filing the same lawsuit or an improved one, against the same
defendant, in another jurisdiction.

After dismissal with or without prejudice, file your lawsuit in the proper
jurisdiction, using a derivative action if that's necessary and if you
qualify. I am not picturing the addition of defendants as a solution to
either a jurisdiction problem or a standing problem, but you didn't give us
any facts, so who knows.

This law-and-motion stage is a complex project in itself, which should not
be undertaken except by a litigation attorney or by a determined,
self-educated pro-se litigant who is willing to spend 40 hours per week in
the law library for the duration. No slack will be given to a pro-se. You
will lose if you cannot conduct the litigation with at least the minimum
level of knowledge and skill that an attorney would be required to apply.
Some pro-se litigants do succeed, so I won't say it can't be done. But I
assure you, it won't be enough to get some tips along the way from an
internet newsgroup. Education is what is needed, not just tips. Good luck
in your endeavor.

This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.

McGyver


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