[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Recipient's Address] [City, State, ZIP] Subject: Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint Dear [Recipient's Name], I hope this letter finds you well. I am writing as the defendant in the case [Case Name] pending in [Court Name], and I hereby submit this Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint. It has come to my attention that the opposing party has filed multiple amendments to their initial complaint, which I believe to be unfounded and not supported by facts. As grounds for this motion, I would like to present the following arguments: 1. Lack of necessary factual basis: The plaintiff's amended complaints fail to provide any additional relevant and material facts that support their claims. The amendments merely restate and repackage the same allegations present in the original complaint without introducing any new evidence or legal theories. Thus, the amendments are redundant and lack the necessary factual basis. 2. Undue prejudice and delay: The plaintiff's repeated amendments cause undue prejudice and delay in the proceedings. These amendments necessitate additional time and resources for the defense to review and respond to the new allegations, further prolonging the resolution of this case. Such dilatory tactics should not be tolerated. 3. Violation of court rules: The plaintiff's multiple amendments contravene the applicable court rules regarding the amendment of pleadings. [Cite the relevant court rule if applicable]. These rules are intended to ensure fairness, clarity, and an orderly progression of the litigation process. By exceeding the permissible limits for amendments, the plaintiff not only disrupts this process but also undermines the principle of judicial economy. In light of the aforementioned arguments, I respectfully request the court's swift action to strike the plaintiff's amended complaints. Striking these amendments would help narrow the issues, promote judicial efficiency, and prevent undue prejudice to the defense. Alternatively, I request the court to strictly limit the scope and number of future amendments. Enclosed with this letter, please find the proposed Order to Strike Plaintiff's Amended Complaint and Second Amended Complaint, which I kindly ask the court to review and consider. Additionally, I am also filing a copy of this motion with the court and providing a courtesy copy to opposing counsel. Thank you for your attention to this matter. I believe that the relief sought aligns with the principles of fairness and justice, while allowing for a more streamlined and efficient resolution of this case. If you require any further information or documentation, please do not hesitate to contact me at [Phone Number] or [Email Address]. Yours sincerely, [Your Name]
Maine Sample Letter for Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint
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FAQ
Second Amended Complaint means the pleading to be filed prior to the Final Judgment defined below is entered and which will be the operative pleading for purposes of entering Final Judgment.
Summary. In almost all jurisdictions, an amended complaint supersedes all prior complaints, thus motions directed at the superseded pleading generally will be denied as moot.
Rule 15 provides that the court should allow the plaintiff to amend the complaint when justice requires it. Once the defendant receives the amended complaint, they are given the opportunity to send a responsive pleading.
In almost all jurisdictions (the Second Circuit may look at the futility of the amended complaint first), an amended complaint supersedes all prior complaints, thus motions directed at the superseded pleading generally will be denied as moot.
Amended complaint. n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), or upon order of the court.
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
