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https://www.dmlp.org/sites/dmlp.org/files/2013-04-25-Joseph%20Motion%20to%20Dismiss%20Second%20Amended%20Complaint.pdf
DEFENDANT'S MOTION TO DISMISS THE SECOND AMENDED COMPLAINT Defendant, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, moves for the entry of an Order dismissing with prejudice the Second Amended Complaint (the "SAC") [DE 53] because it fails to state a claim.
https://delawarebankruptcy.foxrothschild.com/2016/09/articles/opinions/motion-to-dismiss-second-amended-complaint-another-agfeed-opinion/
Sep 15, 2016 · Since publishing that post, the Trustee filed his amended complaint, to which the Defendant filed another motion to dismiss (the “Motion”). On September 13, 2016, Judge Shannon issued an opinion (the “Opinion”) deciding this Motion. The “Opinion” is available here.
https://www.aclu.org/sites/default/files/field_document/158_defs._motion_to_dismiss_second_amended_complaint.pdf
Defendants move pursuant to Rule 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure for the Court to dismiss Plaintiffs’ Second Amended Complaint. In the alternative, Defendants move pursuant to Rule 56 for the Court to grant summary judgment in their favor.
https://tracylegaldefense.files.wordpress.com/2017/03/defendants-motion-to-dismiss-2nd-am-compl.pdf
2 Defendants are not moving to dismiss all counts of the Second Amended Complaint. Defendants rely on legal decisions in this district, the Middle District of Florida, and the Northern District of Florida which state that a party need not file an answer while a partial motion to dismiss is pending.
http://redistricting.lls.edu/files/TX%20perezvperry%2020110701%20MTD.pdf
MOTION TO DISMISS PLAINTIFFS’ SECOND AMENDED COMPLAINT Defendants the State of Texas, Rick Perry, David Dewhurst, Joe Straus, and Hope Andrade hereby move to dismiss Plaintiffs’ Second Amended Complaint with prejudice pursuant to Rules 12(b)(1) and 12(b)(6). 1 In support of their motion, Defendants respectfully submit the
https://centerforpublicrep.org/wp-content/uploads/2017/07/Steward_3rd-Mot-to-Dismiss-2nd-Amended-Complaint.Pls-Opp.pdf
PLAINTIFFS’ RESPONSE TO 18 DEFENDANTS’ MOTION TO DISMISS F. The Status of the Named Plaintiffs 1. The Named Plaintiffs Residing in Nursing Facilities There are currently five Named Plaintiffs who remain in nursing facilities including Maria Hernandez, Tommy Johnson, Johnny Kent, Joseph Morrell, and Melvin Oatman.
https://transition.fec.gov/law/litigation/beam_fec_mem_supp_dismiss_2d.pdf
support of its Motion to Dismiss Plaintiffs’ Second Amended Complaint (“2 nd Am. Comp.”) on the grounds that this Court lacks subject matter jurisdiction and that plaintiffs have failed to state a claim under Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Following this Court’s dismissal of
http://www.paed.uscourts.gov/documents/opinions/19d0541p.pdf
the Motion to Dismiss the Second Amended Complaint. (ECF 23.) Plaintiffs filed a supplemental response on July 3, 2019. (Suppl. Resp., ECF 26.) On the same day, Plaintiffs filed a Motion to Compel (ECF 27) and a Motion for Leave to File a Third Amended Complaint (ECF 28.) The Court granted Plaintiffs’ Motion to Compel. (ECF 29.)
https://www.avvo.com/legal-answers/can-defendant-file-a-new-motion-to-dismiss-on-an-a-823220.html
Jul 11, 2012 · The answer to just the question would typically be yes; however based on the further facts, since Defendant has already filed an answer to the amended complaint and has also filed a Motion for SJ it would appear that the time for filing a motion to dismiss the amended complaint …
https://www.law.cornell.edu/rules/frcp/rule_15
Just as amendment was permitted by former Rule 15 (a) in response to a motion, so the amended rule permits one amendment as a matter of course in response to a responsive pleading. The right is subject to the same 21-day limit as the right to amend in response to a motion.
https://www.sanclementetimes.com/judge-grants-citys-motion-dismiss-homeless-suit-claims-advocacy-groups-may-file-second-amended-complaint/
Aug 15, 2019 · The plaintiffs have until Sept. 16 to file a “second amended complaint” or face dismissal of the case. The plaintiffs “shall not include any new or different defendants, claims, causes of action,...
https://www.avvo.com/legal-answers/can-i-file-a-2nd-motion-to-dismiss-based-on-newly--2402385.html
Regardless of the fact that you cannot file a second motion to dismiss (unless, of course, there is an amended complaint) the issues that you have are not proper for a motion to dismiss. A motion to dismiss is limited to the "four corners" of the complaint.
https://cases.justia.com/federal/district-courts/california/candce/3:2018cv01254/323178/74/0.pdf?ts=1560849459
MOTION TO DISMISS FIRST AMENDED COMPLAINT; DISMISSING FIRST AMENDED COMPLAINT WITHOUT FURTHER LEAVE TO AMEND Before the Court is defendant Wells Fargo Bank, N.A.'s Motion, filed May 3, 2019, "to Dismiss Plaintiffs' First Amended Complaint Pursuant to …
http://cdn.ca9.uscourts.gov/datastore/opinions/2015/11/23/13-56602.pdf
OF SAN BERNARDINO 5 On May 22, 2013, the Defendants filed a motion to dismiss the First Amended Complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6), and also moved for a more definite statement, pursuant to Rule 12(e). The motion was calendared for hearing on June 24, 2013.
https://www.justice.gov/sites/default/files/doj/legacy/2014/09/15/uscitizens-association-v-obama-motion-dismiss-support2.pdf
Defendants also move to dismiss every count in the complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Under this Rule, “the tenet that a court must accept as true all of the allegations contained …
http://learningcivilprocedure.com/forms/sample10.pdf?v=1
Rule 15: Amended and Supplemental Pleadings Key Concepts ... motion to file her amended complaint under 15(a)(1). This means that ... If a plaintiff files an amended complaint under Rule 15(a)(1) while a motion to dismiss is pending, the court has discretion to “transfer” the motion to the new complaint
https://causeofaction.org/wp-content/uploads/2013/07/ECF-No.-23-Motion-to-Amend-Complaint.pdf
III. Plaintiffs are entitled to amend their complaint because their amendments would not be futile Plaintiffs’ proposed amendments are not futile. “A district court may deny a motion to amend a complaint as futile if the proposed claim would not survive a motion to dismiss.” Hettinga v. United States, 677 F.3d 471, 480 (D.C. Cir. 2012 ...
http://www.paed.uscourts.gov/documents/opinions/18d0792p.pdf
on September 11, 2018, we ordered Plaintiff to file a motion to file a second amended complaint or respond to the Motion to Dismiss. (ECF 21.) Plaintiff did not file the required motion, but
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