United States v. Gamechange Solar Corporation
3:22-cv-00612
M.D. Fla.Jul 25, 2025Background
- The case involves the United States ex rel. KCI Customs Brokers, Inc., as plaintiff (Relator), against GameChange Solar Corporation and others.
- Relator filed a response to Defendants' motion to dismiss and, alternatively, requested leave to amend its complaint if the existing allegations were found insufficient.
- The request to amend was included within the response to the motion to dismiss, rather than as a separate motion.
- The court addressed procedural requirements under both the Federal Rules of Civil Procedure and the Local Rules of the Middle District of Florida regarding how such requests should be made.
- The court also noted deficiencies, including lack of supporting legal authority, failure to confer with opposing counsel, and failure to attach or describe the proposed amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether leave to amend can be requested in a response to a motion | Relator seeks alternative leave to amend if allegations are inadequate | Defendants move to dismiss and challenge adequacy of request | Such requests must be made by motion, not in a response; request denied |
Key Cases Cited
- Rosenberg v. Gould, 554 F.3d 962 (11th Cir. 2009) (reiterates that requests for leave to amend must be made properly, not embedded in a response)
- Long v. Satz, 181 F.3d 1275 (11th Cir. 1999) (a motion for leave to amend should either set forth or attach the proposed amendment)
- Chabad Chayil, Inc. v. Sch. Bd. of Miami-Dade Cnty, 48 F.4th 1222 (11th Cir. 2022) (leave to amend must be presented as a separate motion, not within an opposition memorandum)