Legal Question in Employment Law in California

Federal Rule of Civil Procedure 15(a)

I am a plaintiff in a civil EEO complaint in United States District Court. I filed an opposition to motion to dismiss and in the alternative for a more definte statement in United States District Court because my EEO complaint was vague. The judge sent me a letter indicating that I would like to file an amended complaint pursuant to Federal Rule Procedure 15(a). The court granted me leave to do so. I do not understand his request. I thought that my re-submitted complaint was sufficient.

What am I missing. What do I include in my amended complaint that the judge is requesting.The judge granted the defendant's motion to dismiss for failure to state a claim is granted with leave to amend. Help, I am handling the case Pro Se until trial.


Asked on 6/22/07, 4:49 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Federal Rule of Civil Procedure 15(a)

It's hard to say without looking at the complaint. You have to allege all the facts that support each element of the cause of action. If you are alleging -- for instance -- racial discrimination, you have to show that the company discriminated against you, that the company is liable for the discrimination, that you suffered damages. You also will have to allege that the complaint was timely filed (i.e. within the requisite period after you received the right-to-sue letter).

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Answered on 6/22/07, 4:56 pm
Terry A. Nelson Nelson & Lawless

Re: Federal Rule of Civil Procedure 15(a)

What you are missing is the necessary knowledge and understanding of the FRCP and Local Rules, and of pleadings and procedures in general, and of evidence and proof, that you are failing to comply with. Tidbits of free advice here are not going to keep the court from dismissing your Complaint. A proper amendment [re-writing] is required [if it is possible to do so, based upon the facts of the case]. If you don't already know what is wrong with it, you need to hire somebody that does who can rewrite it. That is what attorneys do for their money. You say you are "handling the case Pro Se until trial." It doesn't look like you'll ever see that day, without proper legal representation. If you have a valid case, consider investing in an attorney. Feel free to contact me if you get serious about doing so.

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Answered on 6/22/07, 7:54 pm


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