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http://www.nmid.uscourts.gov/documents/decisions/1-18-cv-00003-55.pdf
Before the Court is a Motion to Dismiss Plaintiff’s Third Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted Pursuant to Fed. R. Civ. P. 12(b)(6), filed by all remaining defendants: Robert Guerrero, Jose K. Pangelinan, and Georgia M. Cabrera (June 6,
https://www.avvo.com/legal-answers/can-defendant-file-a-new-motion-to-dismiss-on-an-a-823220.html
Jul 11, 2012 · Defendant could have filed a new motion to dismiss for an amended complaint if the amended complaint had met the requirements for a motion to dismiss. As Defendant has filed an answer and motion for SJ, Defendant apparently believes that a motion for SJ, which is sort of like a motion to dismiss plus some evidence (of non the non-disputed variety) is appropriate.
https://www.law.cornell.edu/rules/frcp/rule_12
Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause …
https://www.floridabar.org/the-florida-bar-journal/orders-on-motions-to-dismiss-for-failure-to-state-a-cause-of-action-when-are-they-final-for-purposes-of-filing-notice-of-appeal/
In that case, the trial court dismissed the complaint for failure to state a cause of action and granted the plaintiff 20 days to file an amended complaint. The plaintiff did not amend within the 20 days, and the defendant obtained a final judgment by ex parte motion.
http://www.jdporterlaw.com/285-2/responding-motion-dismiss-alleging-failure-state-claim-upon-relief-can-granted/
Accordingly, the plaintiff should make sure to address all deficiencies alleged in the motion to dismiss in amending the Complaint because if the deficiencies are not sufficiently addressed, the defendant may file another motion to dismiss and the plaintiff no longer can amend the Complaint by right and risks dismissal of the claims by the Court.
https://www.oflaherty-law.com/learn-about-law/illinois-litigation-motions-to-dismiss-explained
Nov 01, 2019 · In a 2-615 Motion to Dismiss, the defendant argues that there is some defect on the face of the Complaint that makes it improper and makes dismissal of the case appropriate. Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause …
https://www.lexisnexis.com/LegalNewsRoom/corporate/b/business/posts/a-happy-dance-for-plaintiffs-who-moot-a-motion-to-dismiss-by-moving-to-amend-their-complaint
Sep 01, 2015 · No, because "[f]or the purposes of [Rule 15(a)], a Rule 12(b)(6) motion to dismiss is not a responsive pleading and thus does not itself terminate plaintiff's unconditional right to amend a complaint under Rule 15(a)."
http://lc.org/PDFs/Attachments2PRsLAs/2017/081517MotionMerritttoDismissCounts1to14.pdf
the trial court denied defendant’s motion to dismiss the untimely amended complaint, the Appellate Division vacated the denial, id. at 9, finding that the trial court “abused its discretion in allowing the People 60 days within which to file an amended complaint after the petitioner’s second demurrer …
https://sdnylocalcounselblog.blogspot.com/2013/02/ny-booby-traps-mooting-motion-to.html
In the Second Department, an amended complaint does not render a motion to dismiss academic and the moving party has the discretion as to whether the motion should be applied to the new pleading (see Livadiotakis v.Author: Luke Mcgrath
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.
http://learningcivilprocedure.com/forms/sample10.pdf?v=1
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 (assuming the motion is still responsive to the amended complaint) or it can require the defendant to file a new motion (if, for example, resolving the motion in light of the new complaint would cause confusion or delay).
https://www.avvo.com/legal-answers/plaintiff-failed-to-amend-a-complaint-following-a--1297943.html
Jun 24, 2013 · The court gave Plaintiff leave to amend within a certain time period. The time period has passed, and the Plaintiff did not amend his complaint. Will the court dismiss on its own motion or do I have to file a Motion to Dismiss for failure to file a timely amended complaint? Can the Plaintiff still amend the complaint after the deadline if I do ...
https://www.barkerrodemsandcook.com/MechanicsofFloridaCivilProcedure1.pdf
A motion to dismiss is not a responsive pleading, and so a plaintiff can amend an initial 4 complaint at any point prior to the trial court’s ruling on a motion to dismiss.
http://cdn.ca9.uscourts.gov/datastore/opinions/2015/11/23/13-56602.pdf
a Motion to Dismiss without leave to amend. In the alternative, Plaintiff attempted to file the Second Amended Complaint based on the fact that the Plaintiff previously obtained leave to file the First Amended Complaint, and still believed that he still had the …
https://law.justia.com/cases/california/court-of-appeal/2d/220/744.html
Notice of these decisions was served upon the Sousas on December 1. December 13, the Sousas' counsel orally requested of defendants' counsel 15 days' additional time to file an amended complaint. On December 15 a stipulation extending the time of all plaintiffs including Central …
https://myfloridapleadings.blogspot.com/2012/09/motions-to-dismiss.html
Sep 16, 2012 · 5) Less commonly, motions to dismiss are filed based on lack of prosecution, improper service, failure to join a necessary party. Generally, when the Court grants a motion to dismiss, the Plaintiff is given several further opportunities to amend their complaint, so the primary benefit of filing one is largely tactical.
http://judicial.alabama.gov/docs/library/rules/cv12.pdf
(2) A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party indispensable under Rule 19, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under Rule 7(a), or by motion for judgment on the pleadings, or at the trial on the merits.
https://www.creditinfocenter.com/community/topic/301099-motion-to-dismiss-in-california/
Oct 11, 2010 · The motion to dismiss in the case of the complaint not being amended after a demurrer is sustained with leave to amend, or in the case of failure to prosecute, is always filed by the defendant. Plaintiffs need not file a motion to dismiss, they simply file a "request for dismissal" that the clerk processes and dismisses the action.
https://www.ammlaw.com/blog/to-amend-or-not-to-amend-the-third-circuit-answers-the-question.html
Of course, the procedural trick of amending a complaint to address objections in a motion to dismiss has its own risks. As the West Run Court noted, parties and their counsel are subject to Federal Rule of Civil Procedure 11, and positions taken in a pleading, amended pleading or in response to a motion to dismiss the pleading must have factual support.
https://oregoncivpro.com/orcp-21-defenses-and-objections-how-presented-by-pleading-or-motion-motion-for-judgment-on-the-pleadings/
If the court grants a motion to dismiss, the court may enter judgment in favor of the moving party or grant leave to file an amended complaint. If the court grants the motion to dismiss on the basis of defense (3), the court may enter judgment in favor of the moving party, stay the proceeding, or …
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