[blindlaw] federal court procedural question

[Russell J. Thomas, Jr.]

I am a little confused about what you are saying but let me give it a shot.

First, each of the pleadings you mention should be separate pleadings. I am
very unclear how it is you believe that you included a request for
preliminary injunction and an argument for it in a Complaint. 

If the opposing party has responded to the Complaint, then the only way you
can file an amended complaint is through a stipulation with the opposing
party permitting you to do so or by filing a motion with the court for leave
to file an amended complaint. 

With respect to a preliminary injunction, that should be filed as a separate
motion.  You must follow the Federal Rules on injunctions to the letter.
Also, be sure to check the local rules in your particular district for any
local requirements.

Such a Motion is normally accompanied by a brief and affidavits in support
of the Motion. 


Respectfully,

 

Russell J. Thomas, Jr.

Law Office of Russell J. Thomas, Jr.

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-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Marina A. Cordova, Esq.
Sent: Friday, December 24, 2010 8:45 AM
To: blindlaw at nfbnet.org
Subject: [blindlaw] federal court procedural question
Importance: High



Season's Greeting to Everyone!

 

I have a procedural question for federal court concerning preliminary
injunctions.  I previously included my motion and arguments for preliminary
injunction in my original complaint and first amended complaint.  However,
as more facts have arisen in the case it is necessary for me to submit the
motion for preliminary injunction separate.  I will be submitting my Second
Amended and First Supplemental Class Complaint.  Since this is the first
time the motion for preliminary injunction is separate do I just call it
"motion for preliminary injunction" or do I also call this a "second amended
motion for preliminary injunction?"  Probably the latter, right?

 

I know we're all in different federal districts, I'm in NM fed district
court (10th circuit), but many procedural rules are similar.

 

Sincerely,

Marina A. Cordova

Attorney at Law

551 W. Cordova Road, # 234

Santa Fe, NM 87505

Office (505) 467-8395

Fax (505) 467-8746

law at cordovafirm.com

 

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