Civil Procedure Keyed to Friedenthal
M.K. v. Tenet
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Plaintiffs brought this action after they were effectively denied assistance of counsel when their counsel was unable to access their employment records. Plaintiffs were accusing Defendants of placing incorrect or unwarranted material in their employment files. Defendants filed a Rule 12 motion to dismiss under the Federal Rules of Civil Procedure, which was partly granted. Plaintiffs amended their complaint, and now Defendants have moved to sever six of the Plaintiffs from their complaint under Rules 20(b), 21 and 42(b). Plaintiffs wanted to amend after intervening precedent supported their contention that their rights under the First Amendment to the United States Constitution when they were not allowed to disclose documents to their attorneys. Plaintiffs also expanded their accusations of Defendants’ obstruction. Defendants complained that the amended complaint was factually diverse, lacked a common thread between Plaintiffs and therefore placed an undue burden on the m.
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