Phoenix Arizona Sample Letter for Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint

• Category: Letters - Legal - Motions
• State: Multi-State
• City: Phoenix
• Control #: US-0359LTR
• 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] [Opposing Counsel's Name] [Opposing Counsel's Law Firm] [Address] [City, State, ZIP Code] Re: Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint Dear [Opposing Counsel's Name], I hope this letter finds you well. I am writing to formally request that the court strike the Plaintiff's Amended Complaint and Second Amended Complaint, filed on [date], in the case of [Case Name and Number], for the reasons discussed below. I. Background Information As we are both aware, the Amended Complaint and Second Amended Complaint were filed by the Plaintiff in an attempt to introduce new claims, allegations, and factual assertions that were not previously included in the original Complaint. This effectively renders the Amended Complaint and Second Amended Complaint improper and in violation of the rules of civil procedure. II. Failure to Comply with Local Court Rules Pursuant to Rule [X] of the [Phoenix Arizona] Local Rules of Civil Procedure, any amendments to a pleading must be made within [X] days after the filing of the original complaint or within [X] days after service of a responsive pleading, whichever is earlier. The Amended Complaint and Second Amended Complaint were filed well beyond the allowed time frame, thus failing to comply with the local court rules. III. Prejudice and Undue Delay Allowing the Plaintiff to proceed with the Amended Complaint and Second Amended Complaint would unduly prejudice the rights of the Defendants. The new claims and allegations introduced in these amended pleadings significantly change the nature of the case, requiring the Defendants to reassess their defense strategy and gather additional evidence and witnesses. This would result in unnecessary delay, increased costs, and prejudice to the Defendants. IV. Inconsistent and Contradictory Allegations Upon reviewing the Amended Complaint and Second Amended Complaint, it has become evident that the Plaintiff's allegations are inconsistent, contradictory, and fail to establish a plausible claim for relief. The lack of coherence and clarity in these amended pleadings further supports our motion to strike them from the record. V. Order from the Court In light of the aforementioned reasons, we respectfully request that the court: 1. Grant the motion to strike the Plaintiff's Amended Complaint and Second Amended Complaint; 2. Order the Plaintiff to file an amended complaint, if permitted, that complies with the local court rules; 3. Award the Defendants any appropriate relief, including costs and attorney's fees associated with responding to the improper amended pleadings; and 4. Grant such other and further relief as the court deems just and proper. We trust that the court will carefully consider the facts and arguments presented in this motion and grant the relief sought, thereby ensuring a fair and efficient resolution of this case. Thank you for your attention to this matter. We look forward to the court's ruling and further progress in this litigation. Yours sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Opposing Counsel's Name] [Opposing Counsel's Law Firm] [Address] [City, State, ZIP Code] Re: Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint Dear [Opposing Counsel's Name], I hope this letter finds you well. I am writing to formally request that the court strike the Plaintiff's Amended Complaint and Second Amended Complaint, filed on [date], in the case of [Case Name and Number], for the reasons discussed below. I. Background Information As we are both aware, the Amended Complaint and Second Amended Complaint were filed by the Plaintiff in an attempt to introduce new claims, allegations, and factual assertions that were not previously included in the original Complaint. This effectively renders the Amended Complaint and Second Amended Complaint improper and in violation of the rules of civil procedure. II. Failure to Comply with Local Court Rules Pursuant to Rule [X] of the [Phoenix Arizona] Local Rules of Civil Procedure, any amendments to a pleading must be made within [X] days after the filing of the original complaint or within [X] days after service of a responsive pleading, whichever is earlier. The Amended Complaint and Second Amended Complaint were filed well beyond the allowed time frame, thus failing to comply with the local court rules. III. Prejudice and Undue Delay Allowing the Plaintiff to proceed with the Amended Complaint and Second Amended Complaint would unduly prejudice the rights of the Defendants. The new claims and allegations introduced in these amended pleadings significantly change the nature of the case, requiring the Defendants to reassess their defense strategy and gather additional evidence and witnesses. This would result in unnecessary delay, increased costs, and prejudice to the Defendants. IV. Inconsistent and Contradictory Allegations Upon reviewing the Amended Complaint and Second Amended Complaint, it has become evident that the Plaintiff's allegations are inconsistent, contradictory, and fail to establish a plausible claim for relief. The lack of coherence and clarity in these amended pleadings further supports our motion to strike them from the record. V. Order from the Court In light of the aforementioned reasons, we respectfully request that the court: 1. Grant the motion to strike the Plaintiff's Amended Complaint and Second Amended Complaint; 2. Order the Plaintiff to file an amended complaint, if permitted, that complies with the local court rules; 3. Award the Defendants any appropriate relief, including costs and attorney's fees associated with responding to the improper amended pleadings; and 4. Grant such other and further relief as the court deems just and proper. We trust that the court will carefully consider the facts and arguments presented in this motion and grant the relief sought, thereby ensuring a fair and efficient resolution of this case. Thank you for your attention to this matter. We look forward to the court's ruling and further progress in this litigation. Yours sincerely, [Your Name]