Thursday, February 18, 2010

11th Circuit Says No Right to Amend Complaint If You Never Sought Leave


You know how after Judge Middlebrooks grants a motion to dismiss or for sj he just immediately closes the case?

Well, here's an order today from the 11th Circuit in a qui tam case that says this is hunky-dory:
We reject Sanchez’s argument that the district court should have allowed her to amend her complaint before dismissing these claims. “A district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff, who is represented by counsel, never filed a motion to amend []or requested leave to amend before the district court.” Wagner v. Daewoo Heavy Indus. Am. Corp., 314 F.3d 541, 542 (11th Cir. 2002) (en banc). Sanchez was represented by counsel but did not move for leave to amend, and we cannot conclude that the district court abused its discretion by failing to grant leave that was never requested. Burger King Corp. v. Weaver, 169 F.3d 1310, 1318 (11th Cir. 1999).
So the respondent should ask in the response brief for leave to replead, as an alternative, if the motion to dismiss is granted?

Or I suppose the lawyer could have moved to reopen the case, seek leave to amend and attach a proposed amended complaint?

9 comments:

  1. Can I get a SHumie?

    ReplyDelete
  2. A little too early in the day for a Thursday Shum.

    ReplyDelete
  3. fake Shumie fan clubFebruary 18, 2010 at 3:11 PM

    I love Kimmie.

    ReplyDelete
  4. SHUM SHUM SHUM BOOM BOOM BOOM

    ReplyDelete
  5. Shumie Time Booth ReviewFebruary 18, 2010 at 5:34 PM

    2:15 is challenging the ruling on the blog..................................................................................................................................................................

    After further review the ruling on the blog is correct. 2:15 asked for a Shum too early.
    2:15 will be charged one SHumie time and must work today until 5:30 pm.

    ReplyDelete
  6. More fed procedure over substance. Why not just close the federal courty system and sell the justice statutes. they are both meaningless in that system.

    ReplyDelete