Not consenting to a Motion to amend

[mcdo]

What is the name of your state (only U.S. law)? VA

What does not consenting to a motion to amend means?

After the attorney for the defense made a Motion to Dismiss, then receiving a motion to amend by the plaintiff with leave from the court, the attorney stated this:

I have received your motion to amend your complaint. After reviewing it, I do not believe it would be in ******(government agency) best interests to consent to your motion. Instead, I will be filing a response opposing your motion.

 

[quincy]

What is the name of your state (only U.S. law)? VA

What does not consenting to a motion to amend means?

After the attorney for the defense made a Motion to Dismiss, then receiving a motion to amend by the plaintiff with leave from the court, the attorney stated this:

I have received your motion to amend your complaint. After reviewing it, I do not believe it would be in ******(government agency) best interests to consent to your motion. Instead, I will be filing a response opposing your motion.

This is related to your other recent thread? Additional questions are best added there.

If the defense's motion to dismiss was filed before the plaintiff's motion to amend, it makes sense that the defense would not want to agree to the motion to amend. The motions, and responses, will be reviewed by the judge and he will make a decision.

 

[mcdo]

The clerk called and said that the judge decided to cancel the motion to dismiss hearing and just look at the briefs.

 

[quincy]

The clerk called and said that the judge decided to cancel the motion to dismiss hearing and just look at the briefs.

I am not surprised. That is good for you.

Thanks for the update.

 

[latigo]

The clerk called and said that the judge decided to cancel the motion to dismiss hearing and just look at the briefs.

And your motion for leave to amend . . . . . ?

What is its status? Has it been noticed for hearing? Has it been taken under advisement as well?

What briefs? Did you file a brief in support of your motion for leave to amend? What are the grounds for the defendant's motion to dismiss? What procedural rule or rules does the defendant assert as rendering your pleading subject to dismissal or demurrer?

If leave to amend is granted as proposed and the pleading is thus amended would the defendant's motion to dismiss thereby become moot?

 

[mcdo]

I did file a motion to amend with leave of the court after the motion to dismiss and before the hearing. I've yet to received an objection from the defendant. I'm in a wait and see mode right now.