Thanks for doing all of this LashL. A couple of questions tho'. Why do you suppose they did such a poor job of drafting the initial complaint? Do you think Ryans lawyers know they have no case here and kinda did a rush job on it, spending more time on their more legit cases - or - perhaps it's the fact that Ryan can't afford a competent lawyer?? In any case, this latest development has got to be pretty embaressing for Ryan.
The other question is - in response to this latest motion, can the judge simply say "Uhhh, no. You've already wasted enough of my time - Case dismissed(gavel)" or does he more or less have to oblige? To be honest, I find it a little surprising that it hasn't been dismissed yet, but I understand the wheels of justice turn slowly but surly....
I really don't know why they did such a poor job in drafting the initial complaint,
apathoid. The lawyers appear to be competent, based on information in the other thread, so I can only surmise that it may have been a matter of "throwing everything at the wall in hopes that something sticks" because they recognized that their claims were tenuous, or because they gave the task to a student who didn't know any better. In either case, though, it is certain that they did not put much, if any, effort into making it legally coherent or concise. It could have something to do with how much (read: how little) they are being paid, but that is pure conjecture on my part.
As for Ryan's motion to amend, it appears to be an effort to salvage what he can prior to UL's motion to dismiss being heard.
At the hearing of UL's motion, two of the options open to the judge are
(a) to dismiss the claim with leave to amend; and
(b) to dismiss the claim without leave to amend.
If the judge were to exercise option (b), that would render Ryan's motion moot.
However, as mentioned earlier, courts tend to favour granting leave to amend unless they think that the complaint is utterly hopeless and beyond salvage. By filing his motion now, Ryan may be hoping to have both motions heard together, and therefore have the opportunity to put before the court the proposed amended complaint in an effort to shore up his arguments against outright dismissal of his claims.
I would be interested in hearing
LossLeader's take on this, if he can drag himself away from his tagging duties for a few minutes
