· 7/6/1999
Calderon v. Kansas Department of Social & Rehabilitation Services
Citations
- 181 F.3d 1180
- 43 Fed. R. Serv. 3d 1037
- 1999 U.S. App. LEXIS 14990
- 1999 WL 454360
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that a district court need not grant leave to amend when plaintiff fails to make formal motion
- holding that a party must first move to reopen a case under Rule 59(e) or 60(b) before seeking leave to amend under Rule 15
- holding that because a motion for leave to amend a complaint was not filed, the district court did not err in declining to address the plaintiffs request in her brief for leave to cure deficiencies in the complaint
- recognizing “[a] court need not grant leave to amend when a party fails to file a formal motion.”
- holding request made in memorandum opposing motion to dismiss for leave to cure any pleading deficiencies “did not rise to the level of a motion for leave to amend” and “district court did not abuse its discretion in failing to address” the request
- noting the Tenth Circuit does not require “district courts to engage in independent research or read the minds of litigants to determine if information justifying an amendment exists” (internal quotation marks and citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Seymour, Magill, Ebel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.