Wednesday audio--Section A; Section B. No class Thursday; to be made-up after break. Only 70 minutes on Friday. Essay # 1 due outside my office by the beginning of your respective class times. Essay # 2 due a the beginning of class Friday.
We turn to Amendments, the last piece of pleading. Prep everything for Friday. Remember to work off the new version of FRCP 15 on the blog, as well as the committee notes for the relevant changes. Remember that we already discussed how to choose between FRCP 15(a)(1)(A) and (B), so review those notes.
• What might a party do in amending a pleading that states a claim for relief? What might a defending party do in amending a responsive pleading? Review the facts and procedure in Zielinski and Krupski and consider arguments around different possible pleadings.
• How do the 15(a)(1) time periods work? What is the latest a party can amend and what is the earliest?
• When must a party look to FRCP 15(a)(2)? What should a party do if a pleading is improperly filed under FRCP 15? Consider whether the latest pleading is properly filed:
Dec 3, 2022: A files complaint against City, Chief of Police, and 7 officers
Apr. 29, 2023: Parties confer: A agree to drop chief and 6 officers and proceed against city and 1 officer
Apr. 30, 2023: Ct accepts agreement. Gives A ten days to file amendment.
May 7, 2023: A files and serves Amended Complaint
May 15, 2023: X files and serves a 12(b)(6) motion
June 2, 2023: A files and serves Second Amended Complaint, without requesting leave
• What is the effect of the amended complaint and previously filed pleadings and motions?
• How do amendments affect FRCP 7(a) designations for pleadings stating a claim and for responsive pleadings?
• What should the last document be called?
• A files a complaint
• X files an answer
• A files a complaint
• X files an answer
• A files a complaint
• X files __________
• What should the last document be called?
• A files a complaint
• X files a 12(b)(6)
• A files a complaint
• X files a 12(b)(6), which the court denies
• X files an answer
• A files a complaint
• X files an answer
• A files a complaint
• X files an answer
• X amends to file a _______
• Do Winston's eight and ninth affirmative defenses have any force or effect?
• How does FRCP 15(a)(2) connect to dismissals with or without prejudice?
• What are the six considerations for leave in Foman?
• Consider: In Zielinski, PPI moves for leave to amend to change its answer to ¶ 5 to make clear it is not responsible for the pier. What is Zielinski's argument for undue prejudice?
