The defendant removed our case to federal court after violating the state court judge Temporary Restraining Order.

Asked over 2 years ago - Pearland, TX

The defendant filed a Motion to Dismiss 12 (b) in response to their motion we amended our complaint and cause of action. Does the federal judge allow the defendant to response to our amended petition and cause of action.

Attorney answers (3)

  1. Harold Benjamin Gold

    Contributor Level 10

    Answered . If there was an injunction in state court, it could be that the Anti-Injunction Act would prevent the Federal Court from taking any action. However, you have not provided enough detail to know your situation and what action is appropriate. If you are in Federal Court, you should get a lawyer. If you are in state court and you are seeking injunctive relief, you should have a lawyer for that as well.

    This is general information and should not be construed as legal advice. Without knowing the specifics of your... more
  2. Steven Grant Hill

    Contributor Level 7

    Answered . The description of the process is a bit confusing. However, I think the answer is yes based on the fact that when a party amends the complaint, the defendant is expected to answer the complaint as amended.

    I'm not sure how this relates to the state court TRO, but if the case has been removed to federal court, you will need to go to the federal judge with a new motion for TRO or preliminary injunction. The removal to federal court has most likely rendered the state court TRO moot.

  3. Pamela Koslyn

    Contributor Level 20

    Answered . Yes, the defendant gets to respond to your amended pleading, and it may be yet another 12(b) motion to dismiss.

    Like my colleague I'm unclear what your state TRO has to do with this federal action. Ou really need to lawyer to sort this out and keep your federal claim alive.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more

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