California | Appeals and Writs
10/13/09, 4:35 pm
Legal Question
I am lead Plaintiff in a civil case (class action) in Federal Circuit Court. Defendant filed Motion to Dismiss First Amended Complaint. During Hearing on MTD Plaintiff counsel requested leave to amend if the Court though further clarification was needed. Judge took matter under submission. The MTD was later granted without prejudice followed by an entry of a Judgment on the MTD.
The Order Granting the MTD does not specify if leave to amend is granted or if now have to appeal. Judges' chambers tells me that they're not sure what it means and suggested I file a Motion for Clarification of Order.
What does the F.R.C.P. imply can be done, short of filing a Motion for Clarification?
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