Plaintiffs’ Reply Supporting Their Motion for Leave to Amend Complaint
Plaintiffs reply to the Government’s Opposition (Doc. No. 34) to their Motion for Leave to Amend Complaint (Doc. No. 31). The Government (i) requests dismissal, incorporating by reference large portions of its dismissal motion, and (ii) claims that amendment would be futile. But (I) dismissal should only be considered on full, final briefing on dismissal based on the amended complaint; (II) any “futility” must be obvious (which is not the case here), with far-reaching analysis reserved for the dismissal-motion context, and (III) amendment would not be futile.
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D.34 reply to opposition to amend complaint (December 7, 2015)