United States Sixth Circuit

A motion to file a second amended complaint will be denied where plaintiff tries to use a new legal theory after summary judgment was awarded to defendant, reconsideration was denied, and plaintiff's amended claim is unlike his original complaint.

Appellate Information

• Decided 12/29/2000
• Published 12/29/2000

Judges

• Before JONES, SILER, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Natalie F. Grubb (argued and briefed), Medina, OH, for Appellant., Joseph Black (argued), Paul D. Cullen (briefed), Diana E. Stein (briefed), Cullen Law Firm, Washington, DC, for Amicus Curiae.


• For Appellees:
  
• Laura J. Avery (argued), Richard C. Haber (briefed), Reminger & Reminger, Douglas G. Leak (argued), Steven J. Hupp (briefed), Bonezzi, Switzer, Murphy & Polito, Cleveland, OH, Francis Daniel Balmert (briefed), Vorys, Sater, Seymour & Pease, Cleveland, OH, D. Faye Caldwell (argued and briefed), Caldwell & Clinton, Houston, TX, Kathryn M. Miley (argued and briefed), Ernest L. Wilkerson (briefed), Wilkerson & Associates, Cleveland, OH, for Appellees.