Draft Motion to Add Broker
Budget: $250 – $750 USD
I need a polished, citation-ready motion and supporting memorandum that asks the U.S. District Court in Greenville, South Carolina to grant leave to amend our complaint so we can add the insurance broker as a defendant and, by doing so, destroy complete diversity and return the case to state court.
The current pleading names only the insurer. Adding the local broker is aimed squarely at defeating diversity jurisdiction; liability theories are secondary at this stage. I already have a rough outline of possible claims (negligent procurement and misrepresentation), but they need to be fleshed out and tied convincingly to the Rule 15 and Fourth-Circuit Hensgens factors. We have no broker-specific documents yet, so the brief must show that discovery will likely uncover the necessary facts and that joinder will not prejudice the existing parties.
Please draft:
• A motion for leave to amend under Fed. R. Civ. P. 15(a)(2) (and Rule 20/19 as relevant)
• A memorandum of law with South Carolina and Fourth-Circuit authority on liberal amendment standards, timeliness, good-faith joinder, and discretionary remand analysis
• A proposed amended complaint caption and short statement of claims against the broker that dovetails with the brief’s arguments
I will slot in exhibits and signature blocks once your draft is complete, so leave placeholders for those. Concise, persuasive writing and pinpoint citations are essential; the finished package should be ready to file except for final client details.
The court has given us permission to file the motion.
The current pleading names only the insurer. Adding the local broker is aimed squarely at defeating diversity jurisdiction; liability theories are secondary at this stage. I already have a rough outline of possible claims (negligent procurement and misrepresentation), but they need to be fleshed out and tied convincingly to the Rule 15 and Fourth-Circuit Hensgens factors. We have no broker-specific documents yet, so the brief must show that discovery will likely uncover the necessary facts and that joinder will not prejudice the existing parties.
Please draft:
• A motion for leave to amend under Fed. R. Civ. P. 15(a)(2) (and Rule 20/19 as relevant)
• A memorandum of law with South Carolina and Fourth-Circuit authority on liberal amendment standards, timeliness, good-faith joinder, and discretionary remand analysis
• A proposed amended complaint caption and short statement of claims against the broker that dovetails with the brief’s arguments
I will slot in exhibits and signature blocks once your draft is complete, so leave placeholders for those. Concise, persuasive writing and pinpoint citations are essential; the finished package should be ready to file except for final client details.
The court has given us permission to file the motion.