Parties sometimes seek to add specific claims or defenses to cases late. This order is a succinct example of what adding such a “rifle shot” defense and conducting necessary discovery on it can look like.
This is an interesting opinion which deals with how a patent defendant’s counterclaims of infringement against a plaintiff are fitted into the existing case.
Does the filing of a motion to dismiss extend the defendant’s time to answer the rest of the complaint? Inquiring minds wanted to know, and this opinion from Judge Gilstrap aligns him with the majority rule on the question.
Ever run into that situation where a motion to dismiss is followed by an amended complaint and you’re left scratching your head trying to figure out where that leaves you procedurally? Well wonder no more, because this recent opinion collects the cases and explains the pleadings version of rock, paper, scissors.
Ever wonder if the filing of an amended complaint automatically moots a pending 12(b)(6) motion addressed to the original complaint? Well, wonder no longer.
While motions to dismiss pleadings on any one of a variety of grounds are fairly routine, this is one of those cases where the cook decided to toss some peanut butter, cilantro and carrots into the pancake batter, and the court had to step in to consider where the line needed to be drawn. Oh, and there’s a stay request too.
It will never not be funny that ground zero in the dating app wars is Waco, Texas, the proverbial notch on the Bible Belt. But all giggling aside, this order from Judge Albright addresses the standard for amending pleadings prior to the deadline in the scheduling order. No, it’s not sexy, but then something in this case has to be, right?
Motions to amend pleadings are usually not the hottest of topics in complex litigation. Often the court has permitted an extended period of amendment without leave, so it’s not particularly controversial when a party adds some claims or defenses. But when the amendment is outside the permitted period and/or late in the case the standard for amendment rises. That’s when the old adage that it’s when a pig gets stuck that it starts squealing rings true.
Motions to dismiss insufficient defenses “or any redundant, immaterial, impertinent, or scandalous matter” are in practice a pretty rare bird, and orders resolving them even more so. So while there is not, regrettably, anything “scandalous” being dealt with in this recent order, it does at least take neglected Rule 12(f) out for a spin.