Can Rule 15.1(c) be used by original parties to defeat a timely claim? The Next CEO of Stack OverflowFederal Rule of Civil Procedure Rule 11If a federal law caused a breach of contract, then how can the claim not need mention the federal law?How can two separate federal judges rule on the same question at basically the same time?What happens to a permissive counterclaim after the original claim is dismissed?discovery serving parties dismisseddiscovery serving parties dismissed IICompulsory counterclaim rule in states of USAUnder what circumstances is the writ of mandamus normally used?Can a federal judge rule a higher sentence than the state attorney/prosecutor proposed in the US?Can multiple interrogatories be served so long as the net number of questions remains below the number permitted?

How to log in to Centos 7 using RDP from Win10

Can I equip Skullclamp on a creature I am sacrificing?

What was the first Unix version to run on a microcomputer?

Is it professional to write unrelated content in an almost-empty email?

Is micro rebar a better way to reinforce concrete than rebar?

Why don't programming languages automatically manage the synchronous/asynchronous problem?

How to subset dataframe based on a "not equal to" criteria applied to a large number of columns?

Indicator light circuit

Disadvantage of gaining multiple levels at once in a short milestone-XP game

Why is the US ranked as #45 in Press Freedom ratings, despite its extremely permissive free speech laws?

How should I support this large drywall patch?

Example of a Mathematician/Physicist whose Other Publications during their PhD eclipsed their PhD Thesis

On model categories where every object is bifibrant

How to make a variable always equal to the result of some calculations?

Make solar eclipses exceedingly rare, but still have new moons

Is there a way to save my career from absolute disaster?

Why am I allowed to create multiple unique pointers from a single object?

How did the Bene Gesserit know how to make a Kwisatz Haderach?

How to count occurrences of text in a file?

Between two walls

Novel about a guy who is possessed by the divine essence and the world ends?

What exact does MIB represent in SNMP? How is it different from OID?

If Nick Fury and Coulson already knew about aliens (Kree and Skrull) why did they wait until Thor's appearance to start making weapons?

Inappropriate reference requests from Journal reviewers



Can Rule 15.1(c) be used by original parties to defeat a timely claim?



The Next CEO of Stack OverflowFederal Rule of Civil Procedure Rule 11If a federal law caused a breach of contract, then how can the claim not need mention the federal law?How can two separate federal judges rule on the same question at basically the same time?What happens to a permissive counterclaim after the original claim is dismissed?discovery serving parties dismisseddiscovery serving parties dismissed IICompulsory counterclaim rule in states of USAUnder what circumstances is the writ of mandamus normally used?Can a federal judge rule a higher sentence than the state attorney/prosecutor proposed in the US?Can multiple interrogatories be served so long as the net number of questions remains below the number permitted?










0















I am currently in a scenario analogous to this one:



Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir).



1.) Plaintiff brings a suit against party A before limitations



2.) Party A files an answer



3.) Limitations expires



4.) Plaintiff files amended pleading, adding party B and argues that it should relate back under Rule 15.1c



5.) Parties A and B respond with motions to dismiss, arguing that it does not relate back and thus limitations has expired with respect to both parties.



6.) Court agrees, entire action becomes time-barred against not only party B but also party A.










share|improve this question


























    0















    I am currently in a scenario analogous to this one:



    Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir).



    1.) Plaintiff brings a suit against party A before limitations



    2.) Party A files an answer



    3.) Limitations expires



    4.) Plaintiff files amended pleading, adding party B and argues that it should relate back under Rule 15.1c



    5.) Parties A and B respond with motions to dismiss, arguing that it does not relate back and thus limitations has expired with respect to both parties.



    6.) Court agrees, entire action becomes time-barred against not only party B but also party A.










    share|improve this question
























      0












      0








      0








      I am currently in a scenario analogous to this one:



      Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir).



      1.) Plaintiff brings a suit against party A before limitations



      2.) Party A files an answer



      3.) Limitations expires



      4.) Plaintiff files amended pleading, adding party B and argues that it should relate back under Rule 15.1c



      5.) Parties A and B respond with motions to dismiss, arguing that it does not relate back and thus limitations has expired with respect to both parties.



      6.) Court agrees, entire action becomes time-barred against not only party B but also party A.










      share|improve this question














      I am currently in a scenario analogous to this one:



      Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir).



      1.) Plaintiff brings a suit against party A before limitations



      2.) Party A files an answer



      3.) Limitations expires



      4.) Plaintiff files amended pleading, adding party B and argues that it should relate back under Rule 15.1c



      5.) Parties A and B respond with motions to dismiss, arguing that it does not relate back and thus limitations has expired with respect to both parties.



      6.) Court agrees, entire action becomes time-barred against not only party B but also party A.







      united-states civil-procedure federal-courts






      share|improve this question













      share|improve this question











      share|improve this question




      share|improve this question










      asked 13 mins ago









      David ReedDavid Reed

      23428




      23428




















          0






          active

          oldest

          votes












          Your Answer








          StackExchange.ready(function()
          var channelOptions =
          tags: "".split(" "),
          id: "617"
          ;
          initTagRenderer("".split(" "), "".split(" "), channelOptions);

          StackExchange.using("externalEditor", function()
          // Have to fire editor after snippets, if snippets enabled
          if (StackExchange.settings.snippets.snippetsEnabled)
          StackExchange.using("snippets", function()
          createEditor();
          );

          else
          createEditor();

          );

          function createEditor()
          StackExchange.prepareEditor(
          heartbeatType: 'answer',
          autoActivateHeartbeat: false,
          convertImagesToLinks: false,
          noModals: true,
          showLowRepImageUploadWarning: true,
          reputationToPostImages: null,
          bindNavPrevention: true,
          postfix: "",
          imageUploader:
          brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
          contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
          allowUrls: true
          ,
          noCode: true, onDemand: true,
          discardSelector: ".discard-answer"
          ,immediatelyShowMarkdownHelp:true
          );



          );













          draft saved

          draft discarded


















          StackExchange.ready(
          function ()
          StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f38576%2fcan-rule-15-1c-be-used-by-original-parties-to-defeat-a-timely-claim%23new-answer', 'question_page');

          );

          Post as a guest















          Required, but never shown

























          0






          active

          oldest

          votes








          0






          active

          oldest

          votes









          active

          oldest

          votes






          active

          oldest

          votes















          draft saved

          draft discarded
















































          Thanks for contributing an answer to Law Stack Exchange!


          • Please be sure to answer the question. Provide details and share your research!

          But avoid


          • Asking for help, clarification, or responding to other answers.

          • Making statements based on opinion; back them up with references or personal experience.

          To learn more, see our tips on writing great answers.




          draft saved


          draft discarded














          StackExchange.ready(
          function ()
          StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f38576%2fcan-rule-15-1c-be-used-by-original-parties-to-defeat-a-timely-claim%23new-answer', 'question_page');

          );

          Post as a guest















          Required, but never shown





















































          Required, but never shown














          Required, but never shown












          Required, but never shown







          Required, but never shown

































          Required, but never shown














          Required, but never shown












          Required, but never shown







          Required, but never shown







          Popular posts from this blog

          Era Viking Índice Início da Era Viquingue | Cotidiano | Sociedade | Língua | Religião | A arte | As primeiras cidades | As viagens dos viquingues | Viquingues do Oeste e Leste | Fim da Era Viquingue | Fontes históricas | Referências Bibliografia | Ligações externas | Menu de navegação«Sverige då!»«Handel I vikingetid»«O que é Nórdico Antigo»Mito, magia e religião na volsunga saga Um olhar sobre a trajetória mítica do herói sigurd«Bonden var den verklige vikingen»«Vikingatiden»«Vikingatiden»«Vinland»«Guerreiras de Óðinn: As Valkyrjor na Mitologia Viking»1519-9053«Esculpindo símbolos e seres: A arte viking em pedras rúnicas»1679-9313Historia - Tema: VikingarnaAventura e Magia no Mundo das Sagas IslandesasEra Vikinge

          What's the metal clinking sound at the end of credits in Avengers: Endgame?What makes Thanos so strong in Avengers: Endgame?Who is the character that appears at the end of Endgame?What happens to Mjolnir (Thor's hammer) at the end of Endgame?The People's Ages in Avengers: EndgameWhat did Nebula do in Avengers: Endgame?Messing with time in the Avengers: Endgame climaxAvengers: Endgame timelineWhat are the time-travel rules in Avengers Endgame?Why use this song in Avengers: Endgame Opening Logo Sequence?Peggy's age in Avengers Endgame

          Are there legal definitions of ethnicities/races? The 2019 Stack Overflow Developer Survey Results Are In Announcing the arrival of Valued Associate #679: Cesar Manara Planned maintenance scheduled April 17/18, 2019 at 00:00UTC (8:00pm US/Eastern)Legal definitions in the United StatesAre there truly legal limits on US interest rates?Are gender identity and sexual orientation federally protected?Why is there an apparent legal bias against digital services?What limits are there to the powers of individual judges in the United States legal system?Are women only scholarships legal under Irish / EU law?Is the term “race” defined by Public Law enacted by Congress of the United StatesIs there a legal definition of race in the US?Neighbors are spying for landlord on Renters is it legal?Are Protected Classes Bi-directional?