Jacob F. asked
In a federal case, a defendant filed a motion to dismiss against the wrong complaint, which has since been superseded by a Lead complaint. The defendant is preparing to file the same motion against the new complaint. Do I need to respond to the initial motion to dismiss, wait for the new motion, or respond to both? If I don't respond to the initial motion, how can I indicate to the court that it is not valid? Should I file a motion to strike?
June 8th, 2024
Michael H. answered
If the defendant's motion to dismiss was filed against the wrong complaint, you should file an objec...
June 8th, 2024
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