[COURT NAME]
[DIVISION] DIVISION

[PLAINTIFF NAME(S)], §
§
Plaintiff[s], §
§ CIVIL ACTION NO. [CASE NO.]
v. §
§
[DEFENDANT NAME(S)], §
§
Defendant[s]. §
________________________________________________§______________________________________________

PLAINTIFF[S] MOTION FOR LEAVE TO FILE AMENDED COMPLAINT
________________________________________________________________________________________________

[// GUIDANCE: Insert any required local-rule header language here.]

NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, Plaintiff[s] [PLAINTIFF NAME(S)] will and hereby do move the Court for leave to file the proposed Amended Complaint pursuant to Fed. R. Civ. P. 15(a)(2).

This Motion is based on the accompanying memorandum, declarations, the proposed Amended Complaint attached as Exhibit [__], the pleadings on file, and such other argument or evidence as may be presented.

MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

Plaintiff seeks leave to amend to [ADD CLAIMS/ADD PARTIES/CLARIFY ALLEGATIONS] based on [NEW FACTS/NEWLY DISCOVERED INFORMATION]. The amendment will not prejudice Defendant and is sought in good faith.

II. Procedural Background

• Complaint filed: [DATE].
• Answer or responsive pleading filed: [DATE].
• Scheduling order deadlines: [DATE].
• Prior amendments: [LIST].

III. Legal Standard

Rule 15(a)(2) provides that leave to amend should be freely given when justice so requires. Courts consider undue delay, bad faith, repeated failure to cure deficiencies, undue prejudice, and futility.

IV. Argument

A. The amendment is timely and in good faith.
[Explain timing and diligence.]

B. The amendment will not prejudice Defendant.
[Explain that discovery is ongoing and no trial date is impacted.]

C. The proposed amendment is not futile.
[Briefly explain the legal sufficiency of new claims or allegations.]

V. Requested Relief

Plaintiff respectfully requests that the Court grant leave to file the proposed Amended Complaint attached as Exhibit [__] and deem it filed as of the date of the Court's order.

CONCLUSION

For the foregoing reasons, Plaintiff requests that the Court grant this Motion.

Respectfully submitted,

text
Dated: [DATE]

______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for Plaintiff[s]

CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion for Leave to File Amended Complaint on all counsel of record via [METHOD OF SERVICE] in compliance with Fed. R. Civ. P. 5.

text
______________________________
[ATTORNEY NAME]

[PROPOSED] ORDER

The Court, having considered Plaintiff's Motion for Leave to File Amended Complaint, ORDERS as follows:
1. The Motion is GRANTED.
2. Plaintiff may file the Amended Complaint attached as Exhibit [__] within [NUMBER] days.

IT IS SO ORDERED.

Dated: [DATE]

______________________________________
[JUDGE NAME]
United States District Judge