Ok, So I got a stipulation by the other attorneys to file an Amended Summons and Complaint in a case.
Next I was told by a clerk at the District Court that the proper way to file the stipulation and complaint was by filing a "stipulation" in the ECF with the Amended S&C as an exhibit and the certificate of service as an exhibit.
I was told that once this was filed, since it was on stipulation, (as opposed to on motion), that the exhibit would immediately take the place of the previous complaint and be deemed filed on the day the stipulation was filed.
I subsequently was informed by a different clerk that you have to file the amended complaint as a new document after filing this stipulation.
The weird thing is- Several of the Defendants already filed an answer, before I (re) filed the new Amended Complaint as its own document in the ECF.
A few questions-
1. Any idea what will happen now? (are the answers that were filed not even vaild since I had to re-file the amended s&c as its own document).
2. was the service that was effected on one of the new defendants (after it had been filed as an exhibit to the stip, but before I filed it seperately as its own document) valid or do I have to re-serve that def again? Assuming he doesn't respond, will my procedure be deemed insufficient and therefore not able to get a default on that defendat.
And another side question - Once you file the amended s&c it electronically serves the document on counsel for the defendants- is this by itself sufficient service or do you have to personally serve each Defendant even though you already served them with the original complaint?
Also - Does anybody know what the Actual rule is as to whether a stip with an exhibit s&C is sufficient.... I did not find local rules or FRCP rules that seemed to answer this question. And I got two different answers from clerks at the court. And some of the Defendants attorneys filed answers to the s&c when it was filed as an exhibit to the stip- so they obviously didnt know the supposed "proper way" to do it either.
.... ?
Next I was told by a clerk at the District Court that the proper way to file the stipulation and complaint was by filing a "stipulation" in the ECF with the Amended S&C as an exhibit and the certificate of service as an exhibit.
I was told that once this was filed, since it was on stipulation, (as opposed to on motion), that the exhibit would immediately take the place of the previous complaint and be deemed filed on the day the stipulation was filed.
I subsequently was informed by a different clerk that you have to file the amended complaint as a new document after filing this stipulation.
The weird thing is- Several of the Defendants already filed an answer, before I (re) filed the new Amended Complaint as its own document in the ECF.
A few questions-
1. Any idea what will happen now? (are the answers that were filed not even vaild since I had to re-file the amended s&c as its own document).
2. was the service that was effected on one of the new defendants (after it had been filed as an exhibit to the stip, but before I filed it seperately as its own document) valid or do I have to re-serve that def again? Assuming he doesn't respond, will my procedure be deemed insufficient and therefore not able to get a default on that defendat.
And another side question - Once you file the amended s&c it electronically serves the document on counsel for the defendants- is this by itself sufficient service or do you have to personally serve each Defendant even though you already served them with the original complaint?
Also - Does anybody know what the Actual rule is as to whether a stip with an exhibit s&C is sufficient.... I did not find local rules or FRCP rules that seemed to answer this question. And I got two different answers from clerks at the court. And some of the Defendants attorneys filed answers to the s&c when it was filed as an exhibit to the stip- so they obviously didnt know the supposed "proper way" to do it either.
.... ?