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.
Patent Infringement Attorney
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.
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 any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
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 situation and engaging in an attorney-client relationship I am unable to provide specific direction.