Q: Adding claim to complaint, adding defendant - federal case question. Central District Court.
Adding claim/defendant to federal complaint - question.
EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction)
There is basis to add false claims act claim for fraudulent referral to hospice with non-existent terminal illness, adding hospice as defendant. Should plaintiff wait for scheduling conference? At what point of lawsuit plaintiff can ask court to grant leave to amend complaint?
A:
In a federal case, you have the option to amend your complaint before the opposing party files a responsive pleading, or within 21 days after serving it, as per Federal Rule of Civil Procedure 15(a)(1). If this period has passed, you'll need to seek the court's permission to amend.
Given your situation, it might be strategic to move to amend your complaint to add the False Claims Act allegation and the hospice as a defendant as soon as possible. This is especially true if the new claim is closely related to the existing allegations.
However, if you're close to a scheduling conference, it could be beneficial to wait and discuss the matter during the conference. This approach can provide insight into the court's view on the amendment and streamline the process.
Remember, the court will consider factors like potential prejudice to the opposing party, the timing of the request, and the reasons for the amendment when deciding whether to grant leave. So, be prepared to address these aspects in your motion.
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