MacGillivray v. Whidden

5 Citing cases

  1. Aldrich v. Town of Bloomfield

    No. 3:17-CV-00581 (VLB) (D. Conn. Feb. 22, 2018)   Cited 2 times

    Plaintiff cannot amend her complaint with assertions contained in an objection to a motion to dismiss. See Natale v. Town of Darien, Conn., CIV. 3:97CV583 (AHN), 1998 WL 91073, at *4 n. 2 (D. Conn. Feb. 26, 1998) (plaintiff cannot amend complaint in a memorandum of law) (citing Daury v. Smith, 842 F.2d 9, 15-16 (1st Cir. 1988)); Ruocco v. Tung, 302CV1443(DJS), 2004 WL 721716, at *6 n. 4 (D. Conn. Mar. 30, 2004) (same); MacGillivray v. Whidden, 3:04CV1523(CFD), 2006 WL 587593, at *3 (D. Conn. Mar. 10, 2006) (plaintiff may not amend complaint in memorandum in opposition to motion to dismiss). A probationary officer does not have a property interest in continued employment, absent legislation, because she is not a permanent employee.

  2. De La Noval v. Papa's Dodge

    CIVIL ACTION NO. 3:14-CV-00460 (VLB) (D. Conn. Mar. 26, 2015)   Cited 1 times

    Plaintiff cannot amend his complaint in his memorandum. See, e.g., MacGillivray v. Whidden, No. 3:04CV1523(CFD), 2006 WL 587593, at *3 (D. Conn. Mar. 10, 2006). Moreover, even if the Court did consider these claims, they would do nothing to cure the deficiencies in the Amended Complaint.

  3. Phila. Indem. Ins. Co. v. United States

    CASE NO. 3:13-cv-00987-VLB (D. Conn. Sep. 30, 2014)

    Although the Government does not challenge Plaintiffs' attempt to expand their Complaint through briefing on the motion to dismiss, the Court notes that ordinarily, a party may not amend a pleading through a memorandum of law. See, e.g., MacGillivray v. Whidden, No. 3:04-cv-1523, 2006 U.S. Dist. LEXIS 9430, at *8 (D. Conn. Mar. 10, 2006) ("[Plaintiff] cannot amend his complaint in his memorandum.") (citations omitted). Further, prescribing the pleading standard for equitable claims, Connecticut Practice Book ยง 10-27 provides that "[a] party seeking equitable relief shall specifically demand it as such, unless the nature of the demand itself indicates that the relief sought is equitable relief."

  4. Bryant v. Greater New Haven Transit Dist.

    CIVIL ACTION NO. 3:12-CV-00071-VLB (D. Conn. Jul. 2, 2014)   Cited 1 times

    Moreover, a complaint cannot be amended in a memorandum of law or other filing. See, e.g., MacGillivray v. Whidden, No. 3:04-cv-1523, 2006 U.S. Dist. LEXIS 9430, at *8 (D. Conn. Mar. 10, 2006) ("[Plaintiff] cannot amend his complaint in his memorandum.") (citations omitted). Leave of the court is required at this stage of the proceeding.

  5. Wellswood Columbia, LLC v. Town of Hebron

    CIVIL ACTION NO. 3:10-CV-01467 (VLB) (D. Conn. Sep. 30, 2013)   Cited 1 times

    See Natale v. Town of Darien, Conn., CIV. 3:97CV583 (AHN), 1998 WL 91073, at *4 n.2 (D. Conn. Feb. 26, 1998) (plaintiff cannot amend complaint in a memorandum of law) (citing Daury v. Smith, 842 F.2d 9, 15-16 (1st Cir.1988)); Ruocco v. Tung, 302CV1443(DJS), 2004 WL 721716, at *6 n.4 (D. Conn. Mar. 30, 2004) (same); MacGillivray v. Whidden, 3:04CV1523(CFD), 2006 WL 587593, at *3 (D. Conn. Mar. 10, 2006) (plaintiff may not amend complaint in memorandum in opposition to motion to dismiss). On page eleven of its motion, Wellswood states that the Town's temporary taking of the Plaintiff's property "violated the public use requirement of the Takings Clause" and then further explains the nature of his claim.