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Monday, October 21, 2019 1:39:45 PM
Rule 15 section 1 applies to complaints previously not amended. It does not require any “Leave” from the court. The complaint may be amended 21 days after filing for any reason.
Section 1 applies if the original complaint was in fact “tossed”.
It does not apply if the original complaint was amended.
Rule 15 section 2 applies if the complaint has already been amended once and a second amendment for any reason is desired.
Section 2 applies if the original complaint was not tossed but amended.
Summarizing
Section 1 applies in this case if;
a) Original complaint was in fact tossed
b) No leave or consent is needed
Section 2 applies in this case if;
a) original complaint was not tossed but amended
b) Leave and or consent for further amendments would be in order.
It’s one or the other. Both can’t apply to this complaint. You have repeatedly stated that the complaint was “tossed” therefore no Leave or consent is needed to amend.
We can have
Tossed and No leave
Or
Not tossed (Amended) and leave to further amend needed.
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