Nebraska Sample Letter for Motion to Strike Plaintiff's Amended Complaint

• Category: Letters - Legal - Motion to Strike Complaint
• State: Multi-State
• Control #: US-0059LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Court's Name] [Court's Address] [City, State, ZIP] Re: Case No: [Case Number] [Plaintiff's Name] v. [Defendant's Name] Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing on behalf of my defendant client, [Defendant's Name], in the above-mentioned case pending before your honorable court. I kindly request that you consider this letter as a motion to strike the plaintiff's amended complaint pursuant to the appropriate sections of the Nebraska Rules of Civil Procedure. Firstly, I would like to bring to your attention that the plaintiff recently filed an amended complaint, seeking to introduce new allegations and claims into the case. Our thorough review of the amended complaint has revealed several deficiencies which render it invalid and improper under the law. Consequently, we believe that the amended complaint should be stricken from the record. I. Failure to Comply with Applicable Rules The plaintiff's amended complaint fails to adhere to the Nebraska Rules of Civil Procedure, specifically Rule _____ [cite the relevant rule or rules]. The plaintiff has not fulfilled the necessary procedural requirements, including but not limited to: 1. Lack of a proper certificate of service, thereby violating Rule ______. 2. Failure to provide a concise and sequential statement of each claim which alleges the specific wrongdoing, as required by Rule ______. 3. Absence of a proper verification or certification under oath, as mandated by Rule ______. II. Prejudice to the Defendant In addition to procedural deficiencies, it is important to note that allowing the plaintiff's amended complaint to proceed would unduly prejudice the defendant. The amended complaint introduces new causes of action and expands the scope of the original claims, significantly altering the legal landscape of the case. This unjustifiably burdensome and belated filing places an unfair burden on the defendant to address new allegations, obtain additional evidence, and adjust the overall defense strategy. III. Futility of the Amended Complaint Lastly, it is evident that the plaintiff's amended complaint is futile, as it fails to state a claim upon which relief can be granted. The allegations set forth in the amended complaint lack the necessary legal basis, contain unsupported assertions, or are duplicative of claims already dismissed by this court. Therefore, striking the amended complaint would significantly save judicial resources and prevent further wastage of time and effort. Considering the aforementioned grounds, we kindly request an expedited hearing on this motion to strike the plaintiff's amended complaint. We trust that the court will carefully evaluate the merits of our motion and promptly rule in favor of the defendant. Thank you for your attention to this matter. Should the court require any additional documentation or information, please do not hesitate to contact me. I look forward to your favorable response. Yours sincerely, [Your Name] [Your Title] [Law Firm Name] [Law Firm Address] [City, State, ZIP]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Court's Name] [Court's Address] [City, State, ZIP] Re: Case No: [Case Number] [Plaintiff's Name] v. [Defendant's Name] Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing on behalf of my defendant client, [Defendant's Name], in the above-mentioned case pending before your honorable court. I kindly request that you consider this letter as a motion to strike the plaintiff's amended complaint pursuant to the appropriate sections of the Nebraska Rules of Civil Procedure. Firstly, I would like to bring to your attention that the plaintiff recently filed an amended complaint, seeking to introduce new allegations and claims into the case. Our thorough review of the amended complaint has revealed several deficiencies which render it invalid and improper under the law. Consequently, we believe that the amended complaint should be stricken from the record. I. Failure to Comply with Applicable Rules The plaintiff's amended complaint fails to adhere to the Nebraska Rules of Civil Procedure, specifically Rule _____ [cite the relevant rule or rules]. The plaintiff has not fulfilled the necessary procedural requirements, including but not limited to: 1. Lack of a proper certificate of service, thereby violating Rule ______. 2. Failure to provide a concise and sequential statement of each claim which alleges the specific wrongdoing, as required by Rule ______. 3. Absence of a proper verification or certification under oath, as mandated by Rule ______. II. Prejudice to the Defendant In addition to procedural deficiencies, it is important to note that allowing the plaintiff's amended complaint to proceed would unduly prejudice the defendant. The amended complaint introduces new causes of action and expands the scope of the original claims, significantly altering the legal landscape of the case. This unjustifiably burdensome and belated filing places an unfair burden on the defendant to address new allegations, obtain additional evidence, and adjust the overall defense strategy. III. Futility of the Amended Complaint Lastly, it is evident that the plaintiff's amended complaint is futile, as it fails to state a claim upon which relief can be granted. The allegations set forth in the amended complaint lack the necessary legal basis, contain unsupported assertions, or are duplicative of claims already dismissed by this court. Therefore, striking the amended complaint would significantly save judicial resources and prevent further wastage of time and effort. Considering the aforementioned grounds, we kindly request an expedited hearing on this motion to strike the plaintiff's amended complaint. We trust that the court will carefully evaluate the merits of our motion and promptly rule in favor of the defendant. Thank you for your attention to this matter. Should the court require any additional documentation or information, please do not hesitate to contact me. I look forward to your favorable response. Yours sincerely, [Your Name] [Your Title] [Law Firm Name] [Law Firm Address] [City, State, ZIP]