MOTION FOR LEAVE TO FILESECOND AMENDED COMPLAINT

Jane Doe

Attorneys’ Business Address

City, ST ZIP Code

Phone | Fax

Email

Plaintiff in pro per

COMMONWEALTH OF MASSACHUSETTS

SUPERIOR COURT DEPARTMENT

BARNSTABLE, SS

NOTICE OF MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

You are notified that on _______________ (date), at _______ (time), or as soon thereafter as the Plaintiff can be heard, in Courtroom ___ of the Superior Court Department, the Plaintiff will bring on for hearing her Motion for Leave to File Second Amended Complaint for the reasons stated in the attached Motion.

Dated this ____ day of ________________, 2021.

Respectfully Submitted,

___________________________________

Jane Doe,

Plaintiff in pro per

Jane Doe

Attorneys’ Business Address

City, ST ZIP Code

Phone | Fax

Email

Plaintiff in pro per

COMMONWEALTH OF MASSACHUSETTS

SUPERIOR COURT DEPARTMENT

BARNSTABLE, SS

NOW COMES Jane Doe, Plaintiff, and files this Motion for Leave to File Second Amended Complaint, and for cause would show this Honorable Court as follows:

1. “A motion to amend a complaint will be treated differently depending on its timing and the context in which it is filed. A plaintiff is permitted to amend a complaint once as a matter of right prior to the filing of a responsive pleading by the defendant. Thereafter, the permission of the court or the consent of the opposing party is required.” Steir v. Girl Scouts of the USA, 383 F.3d 7 (2004).
2. Plaintiff filed her First Amended Complaint on (Date). In this Motion, she seeks leave of this court to file a Second Amended Complaint. As of the time of filing this motion, Defendants had not consented to the filing of a Second Amended Complaint.
3. Plaintiff’s Proposed Second Amended Complaint properly identifies the Defendants.
4. Defendants will in no way be prejudiced if the amendments are allowed at this point in the proceedings. Furthermore, there is no apparent reason for denying this motion for leave to amend, as none of the factors that may mitigate against it is present in this case.
5. The determination of whether prejudice would occur often includes assessing whether allowing an amendment would result in additional discovery, cost, and preparation to defend against new facts and theories.
6. There is no undue delay in Plaintiff’s request to amend. Plaintiff is not seeking the amendment in bad faith or with a dilatory motive.
7. Accordingly, in the interest of justice, this Court should grant Plaintiff’s motion for leave to file the proposed amended complaint. The grant of this motion is particularly appropriate here, given the clear absence of any substantial reason to deny leave to amend.
8. The Proposed Plaintiff’s Second Amended Complaint is hereby attached.

REASONS WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant Plaintiff’s Motion for Leave to File Second Amended Complaint.

Dated this ____ day of ________________, 2021.

Respectfully Submitted,

___________________________________

Jane Doe,

Plaintiff in pro per

VERIFICATION

I, Jane Doe, being duly sworn depose and say that I am the Plaintiff in the above-entitled action, that I have read the foregoing Motion for Leave to File Second Amended Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this ___ day of ___________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

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