Rhode Island 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 Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Recipient's Address] [City, State, Zip Code] Re: Motion to Strike Plaintiff's Amended Complaint Dear [Recipient's Name], I hope this letter finds you well. I am writing to formally request the court's consideration of a Motion to Strike Plaintiff's Amended Complaint in the [Case Name], pending before the [Court Name]. I am representing the defendant in this case, [Defendant's Name], and after a thorough review of the plaintiff's amended complaint, it has come to our attention that it contains several defects and lacks the necessary legal basis to proceed. We respectfully request that the court strike the amended complaint and grant the defendant summary judgment or dismiss the case entirely. To support our motion, we would like to bring the following issues to the court's attention: 1. Lack of proper service: The plaintiff failed to serve the amended complaint properly under the applicable rules of civil procedure. As such, the amended complaint should be considered invalid. 2. Failure to state a claim upon which relief can be granted: The amended complaint lacks specific factual allegations and fails to present a legal theory that entitles the plaintiff to relief. The complaint merely repeats the previous baseless claims, without providing any new evidence or legal arguments. 3. Violation of court orders: The plaintiff's amendment of the complaint without seeking prior court approval violates the court's orders that prohibit unilateral modifications without permission. This demonstrates a disregard for the court's authority and should be grounds for the striking of the amended complaint. Our client has been unduly burdened by the plaintiff's improper actions, causing unnecessary delays, increased legal expenses, and emotional distress. Therefore, we believe it is vital for the court to act swiftly and grant our Motion to Strike Plaintiff's Amended Complaint. Enclosed with this letter, please find a copy of the Motion to Strike Plaintiff's Amended Complaint, along with supporting memorandum of law, for your reference. We kindly request that the court schedule a hearing on this matter at its earliest convenience. Thank you for your attention to this matter. We remain confident that the court will recognize the deficiencies in the plaintiff's amended complaint and grant our motion accordingly. Should you have any questions or require further information, please do not hesitate to contact me. Sincerely, [Your Name] [Your Law Firm] [Email Address] [Phone Number]

[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Recipient's Address] [City, State, Zip Code] Re: Motion to Strike Plaintiff's Amended Complaint Dear [Recipient's Name], I hope this letter finds you well. I am writing to formally request the court's consideration of a Motion to Strike Plaintiff's Amended Complaint in the [Case Name], pending before the [Court Name]. I am representing the defendant in this case, [Defendant's Name], and after a thorough review of the plaintiff's amended complaint, it has come to our attention that it contains several defects and lacks the necessary legal basis to proceed. We respectfully request that the court strike the amended complaint and grant the defendant summary judgment or dismiss the case entirely. To support our motion, we would like to bring the following issues to the court's attention: 1. Lack of proper service: The plaintiff failed to serve the amended complaint properly under the applicable rules of civil procedure. As such, the amended complaint should be considered invalid. 2. Failure to state a claim upon which relief can be granted: The amended complaint lacks specific factual allegations and fails to present a legal theory that entitles the plaintiff to relief. The complaint merely repeats the previous baseless claims, without providing any new evidence or legal arguments. 3. Violation of court orders: The plaintiff's amendment of the complaint without seeking prior court approval violates the court's orders that prohibit unilateral modifications without permission. This demonstrates a disregard for the court's authority and should be grounds for the striking of the amended complaint. Our client has been unduly burdened by the plaintiff's improper actions, causing unnecessary delays, increased legal expenses, and emotional distress. Therefore, we believe it is vital for the court to act swiftly and grant our Motion to Strike Plaintiff's Amended Complaint. Enclosed with this letter, please find a copy of the Motion to Strike Plaintiff's Amended Complaint, along with supporting memorandum of law, for your reference. We kindly request that the court schedule a hearing on this matter at its earliest convenience. Thank you for your attention to this matter. We remain confident that the court will recognize the deficiencies in the plaintiff's amended complaint and grant our motion accordingly. Should you have any questions or require further information, please do not hesitate to contact me. Sincerely, [Your Name] [Your Law Firm] [Email Address] [Phone Number]