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UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Plaintiff	)	[caseNo]
)
v.	)
)
[defName]	)
Defendant	)

PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT

Plaintiff, [plfName], on this [D] day of [MMM] [YYYY], respectfully asks this Honorable Court for permission to [amendShort].

Key Points:

Grounds	good cause

Points	no harm, no delay, good faith

Table of Contents:

Context	3rd Page
Motion	4th Page
Certificates	16th Page
Affidavits	18th Page

Background:	Plaintiff sued Defendant for unlawful discrimination

Problem:	Plaintiff’s complaint is missing important information

Request:	This Court allows Plaintiff to amend [his/her] pleading

Rule 15(a) | Fed. R. Civ. P. | Amendments Before Trial

“1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within...(A) 21 days...”

“(2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party’s written consent or the court’s leave. The court should freely give leave when justice so requires.”

Rule 16(b) | Fed. R. Civ. P. | Scheduling

“(4) Modifying a Schedule. A schedule may be modified only for good cause and with the judge’s consent.”

Foman v Davis, 371 US 178 (1962 | US Supreme Court Mandate

“In the absence of any apparent or declared reason... the leave sought should, as the rules require, be 'freely given.'

Precedence

8:20-cv-02533-KKM-TGW	- USFLMD (1/25/21)

8:20-cv-02311-VMC-AEP	- USFLMD (2/11/21)

8:20-cv-02602-KKM-AAS	- USFLMD (4/6/21)

USFLMD recently granted motions for leave to amend a pleading

Abbreviations

[C###]	-	Paragraph ### from The Complaint2/
[M###]	-	Page ### from That Motion
EEOC	-	Equal Employment Opportunity Commission
FCHR	-	Florida Commission on Human Relations
FS	-	Florida Statute
USFLMD	-	US District Court, Florida, Middle District
USFLND	-	US District Court, Florida, Northern District
USFLSD	-	US District Court, Florida, Southern District

MOTION

Immediate Procedural History

[para001].

[para002].

[para003].

[para004].

[para005].

[para006].

Substantive Facts

[para007].

[para008].

[para009].

[para010].

[para011].

[para012].

Legal Analysis

[para013].

[para014].

[para015].

[para016].

[para017].

[para018].

Standard of Review

Pleading amendments are governed by Rule 15(a) Fed. R. Civ. P.

Valuably, that rule dictates that leave to file an amended pleading "shall be freely given when justice so requires."

“This policy is to be applied with extreme liberality.”

Usery v Marquette, 568 F. 2d 902, 908 (2nd Cir. 1977))

This liberality - as the Ninth Circuit puts it – must be consistent with the underlying purpose of Rule 15 Fed. R. Civ. P.:

“In [reviewing leaves to amend] a court must be guided by the underlying purpose of Rule 15 – to facilitate decision on the merits, rather than on the pleadings or technicalities.”

United States v Webb, 655 F.2d 977, 979 (9th Cir. 1981))

Furthermore, appellate courts direct district courts to weigh several factors (sometimes referred to as Foman Factors) when evaluating motions to amend (emphasis added):

“In the absence of any apparent or declared reason – such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc – the leave sought should, as the rules require, be “freely given.””

Foman v. Davis, 371 U.S. 178, 182 (1962)

In a nutshell, the US Supreme Court “mandates” that the standard of review (on a motion for leave to amend a pleading) encompasses:

checking whether undue delay was at play;

checking whether the movant acted in bad faith;

checking whether the movant has a dilatory motive;

guarding against repeated failures to cure pleading deficiencies;

protecting the non-movant from prejudice; and

guarding against the futility of amendment.

All six elements are in Plaintiff’s favor, as follows.

a. Undue Delay

Plaintiff, in the instant matter, has not delayed amendment.

[para025].

[para026].

[para027].

b. Bad Faith

Secondly, Plaintiff has not acted in bad faith. In fact, [he/she] has done the opposite.

[para029].

[para030].

[para031].

c. Dilatory Motive

Plaintiff does not want to delay the final disposition of this case. Instead, Plaintiff wants justice as quickly as possible (Affidavit).

[para033].

[para034].

[para035].

d. Previous Pleading Deficiencies

This case has not experienced trouble with curing prior pleading deficiencies.

[para036].

[para037].

[para038].

e. Prejudice

Plaintiff contends that it is easy to see that Defendant would not be harmed by amendment; for three reasons.

[para041].

[para042].

[para043].

f. Futility

Last but not least, amendment will not prove futile.

[para046].

[para047].

Plus, as the Second Circuit held, claims of futility which rest on the presentation of facts get defeated (highlights added):

"But where, as here, the alleged futility of the amendment rests on findings of fact we prefer to let the district court resolve the factual issues. If the documents referred to by [defendant] are as decisive as it claims, a question on which we express no opinion, the only prejudice it suffers from allowing [plaintiff] to amend is the inconvenience and expense of submitting these documents in support of a motion for summary judgment. This burden, or the burden of undertaking discovery, which [defendant] would have shouldered had the proposed amendment been incorporated in the complaint as originally filed, hardly amounts to prejudice outweighing the policy of Rule 15(a) in favor of permitting the parties to obtain an adjudication of the merits.”

SS Silberblatt v. East Harlem, 608 F.2d 28, 42 (2d Cir. 1979)

[para049].

Good Cause

Yet, Plaintiff will take it one step further.

Given that this proposed amendment will land after the prescribed deadline for amendments, Plaintiff will hereby show that [he/she] has good cause for making this request.

Rule 16(b)(3) Fed. R. Civ. P. requires the issuance of a scheduling order that limits the time to amend pleadings. Once entered, such an order “may be modified only for good cause and with the judge’s consent.” (see 16(b)(4) Fed. R. Civ. P.) (highlights added).

"In such cases, where the moving party has demonstrated good cause, the court may grant leave to amend the scheduling order to extend the deadline... a finding of “good cause” depends on the diligence of the moving party.”

Parker v. Columbia Pictures, 204 F.3d 326 (2d Cir. 2000)

[para053].

[para054].

[para055].

CONFERRAL

On [confMth] [confDy], [confYr], [conferralStatement].

CONCLUSION

WHEREFORE, Plaintiff respectfully asks this Honorable Court to grant [him/her] permission [amendShort].

Dated this [D]th day of [MMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Plaintiff

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Times New Roman 14-point Font (caption) and Courier New 12-point Font (contents); thus complying with the font requirements of Local Rule 1.05(a).

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMM] [YYYY], I electronically filed the foregoing with the Clerk of Courts by using its online filing page. I also emailed it to the attached service list.

/s/ [plfName]

Endnotes:

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Motions/Clarification.html

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (defendant’s trial lawyers)

PLAINTIFF’S AFFIDAVIT

UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Plaintiff	)	[caseNo]
)
v.	)
)
[defName]	)
Defendant	)

PLAINTIFF’S AFFIDAVIT IN SUPPORT OF PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT

The affiant, [plfName], swears or affirms as follows:

Background

I am over the age of eighteen (18).

I am a plaintiff in the above-captioned case.

This affidavit is made in good faith.

Familiarity

I have read the Local Rules of Court, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and the Middle District’s Discovery Handbook.

The information in this affidavit is based on my own personal knowledge.

Facts

[pertinentFact001].

[pertinentFact002].

[pertinentFact003].

[pertinentFact004].

[pertinentFact005].

[pertinentFact006].

I believe that the diligence I’ve put forth gives strong reason [amendShort].

Verification Under Oath Pursuant to 28 USC §1746

I declare under penalty of perjury that the foregoing is true and correct. Executed on this [D]th day of [MMM] [YYYY].

UNITED STATES OF AMERICA	[D]/[M]/[YYYY]
[plfName], Plaintiff/Affiant

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