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I am a pro se litigant and presently in litigation in a civil case in a federal district court, I recently filed for leave to file 1st amended complaint, before doing so, I communicated my intention with the government attorney, made clear that I needed 30 days to file, they did not oppose. I filed leave and requested time file of lesser than requested thirty days file amended complaint.  The motion for leave to file and the proposed amended complaint was later filed.  

 

Defendant's were instructed to respond at a date certain, a day before the government requested a extension to file to investigate with other government attorneys and get supervisory approval. . . .  My question is once Defendant's file their response/opposition to my motion for leave & 1st amended complaint. Can I respond to Defendant's grounds to deny both leave and 1st amended complaint ???  

 

The government argues that it did not give its written consent and that the amendment would radically alter the proceedings.  The first argument that I did not get written consent for leave is wrong because actually Defendant's email to me saying that it didn't oppose a 30 day leave to file first amended complaint serves as a written consent?? does it not??. . Second argument is that I didn't attach the proposed amended complaint, the motion for leave explained why I couldn't attach the amended complaint and requested a certain amount time to file.   And other arguments largely centering on how inconvenient it would be if complaint were to be amended.    

 

These two issues is the only things that concerns me, I have my emails requesting 30day to actually file the amended complaint and Defendant's email 

not opposing now their making this claim that can be rebutted.  Can I file a reply or will the Court give me an opportunity to respond in a order before it makes a decision to grant or deny the motions????

 

   

 

  

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55 minutes ago, foolish said:

I filed leave and requested time file of lesser than requested thirty days file amended complaint.

 

Huh?

 

 

56 minutes ago, foolish said:

The motion for leave to file and the proposed amended complaint was later filed.

 

Later than what?

 

 

56 minutes ago, foolish said:

My question is once Defendant's file their response/opposition to my motion for leave & 1st amended complaint. Can I respond to Defendant's grounds to deny both leave and 1st amended complaint ?

 

Putting aside the fact that you split this single question into two sentences, I have no idea what you're asking.  If you're asking whether you are allowed to file a reply in support of your motion for leave to amend the complaint, that depends on the local rules of the district where the case is filed.  However, I don't know of any federal districts that don't allow reply briefs for ordinary civil motions.

 

 

58 minutes ago, foolish said:

The government argues that it did not give its written consent and that the amendment would radically alter the proceedings.  The first argument that I did not get written consent for leave is wrong because actually Defendant's email to me saying that it didn't oppose a 30 day leave to file first amended complaint serves as a written consent?? does it not?

 

We have no way of opining intelligently about the impact of an e-mail we haven't read, but your summary of the e-mail suggests that the only thing that was agreed was something having to do with timing.

 

 

1 hour ago, foolish said:

will the Court give me an opportunity to respond in a order before it makes a decision to grant or deny the motions?

 

We have no way of knowing what an unknown judge in an unidentified federal district will do about a motion we haven't read.

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