Yes. The Sixth Circuit's recent decision in Alexander v. Eagle Mfg. Co., Inc., is a good example why.
The plaintiff, Alexander, filed a wrongful discharge claim under Kentucky law, claiming that he reported illegal business practices in an effort to get them stopped but was fired for this efforts. In response to a motion to dismiss, Alexander suggested that his filing an amended complaint would be appropriate response to the motion to dismiss but did not "attach a copy of the amended complaint to his brief." Apparently (the opinion isn't clear), Alexander later filed a motion to file an amended complaint but did not tender a proposed amended complaint with the motion either or otherwise identify "what amendments he would make to his complaint."
The Sixth Circuit affirmed the district court's denial of Alexander's motion stating that the appropriate grounds were "lack of notice to Eagle," because no proposed amended complaint was tendered by Alexander and "a party seeking an amendment should attach a copy of the amended complaint" to the party's motion. Kuyat v. BioMimetic Therapeutics, Inc, 747 F.3d 435, 444 (6th Cir. 2014).
So, here's the rule: when seeking to file an amended complaint, attach a copy of the proposed amended complaint as an exhibit to the motion.
Robert L. Abell
www.RobertAbellLaw.com
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