Legal Question in Appeals and Writs in California

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?


Asked on 10/13/09, 4:35 pm

3 Answers from Attorneys
Steven Murray Steven W. Murray, APC

First, you should really be asking your lawyer this kind of a question. But for your information, Rule 15(a)(2) requires either consent from the defendant(s) or leave of Court. A stipulation might do it and maybe an ex parte motion to clarify. The judge's clerk can give your lawyer some specifics.

Read more
Answered on 10/13/09, 5:09 pm
PATRICK MCCRARY PATRICK MCCRARY

Of particular importance is that your time to appeal the judges order is running. You did not specify the date of the order. You do not want to file a motion to clarify if the date of the motion is later than your date to file an appeal. However, your attorney should be ask these questions. Good Luck, Pat McCrary

Read more
Answered on 10/13/09, 5:26 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

I need to review the motion and the ruling. Contact me directly.

Read more
Answered on 10/14/09, 10:49 pm


Related Questions & Answers

More Appeals and Writs questions and answers in California