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Topic: Can you file Motion to Strike on an amended complaint?

Created on: 03/16/19 06:57 PM

Replies: 4

SABRINA3


Joined: 07/12/18

Posts: 4

How best to respond to an amended complaint?
03/16/19 6:57 PM

My motion for more definite statement and motion to dismiss due to lack of jurisdiction were granted with option to pursue through arbitration. Plaintiff recommended AAA, there is an independent contractor agreement with question if I was misclassified (exclusivity, hours and duties defined, etc.) and Plaintiff owes me over $10k per the alleged agreement. I filed the arbitration application with my claims to prevent further delay under the employment rules (which Independent Contractors are included) and they refused to respond to the request to agree to arbitrate. His attorney then refused to respond to my inquiry when they would file. I filed motion to compel arbitration, he responded with a request to deny with claim that new events have caused the court to have jurisdiction and accept plaintiff's prayer for injunctive relief. Then filed a Motion to Amend Complaint and First Amended Complaint with oral argument requested confident in their new complaint.

I am preparing my Reply to their Response and getting affidavits to support and will argue arbitration remains the proper course. Which I feel confident.


Do I need to file a a response to the amended complaint prior to receiving judge's ruling, or is
it best to request an extension of time to respond as awaiting judge's ruling on motion to compel arbitration?
* Last updated by: SABRINA3 on 3/16/2019 @ 7:19 PM *

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BENJAMIN3


Joined: 02/06/19

Posts: 2

RE: Can you file Motion to Strike on an amended complaint?
03/16/19 11:10 PM

What state is your case being litigated in?

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SABRINA3


Joined: 07/12/18

Posts: 4

RE: Can you file Motion to Strike on an amended complaint?
03/19/19 5:03 PM

Arizona

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: Can you file Motion to Strike on an amended complaint?
01/15/20 6:14 PM

Of course you can, if the conditions exist that would justify filing such motion in response to an original complaint.

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UMAIR1


Joined: 12/03/19

Posts: 1

RE: Can you file Motion to Strike on an amended complaint?
01/19/20 9:01 AM

Yes. You can and also motion to dismiss and motion for more definite statement.

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