The Professional Lawyer 1 – Amended Complaint

00:10- Did you look over that new second amended complaint in the Santangelo case?
00:15That case is in federal court.
00:17Does she still fail to allege all the necessary elements of a wrongful wage garnishment claim?
00:22And what about exhaustion of administrative remedies?
00:25- I think you should read it.
00:27Plaintiff still is not curing those pleading defects.
00:31- I think the plaintiff is still missing at least one required element to her claim.
00:35Also, I don't see any pleading that the plaintiff exhausted all administrative remedies.
00:39Just like with the original and the first amended complaint, the second amended complaint is missing allegations of involuntary separation from a prior employer.
00:49That's required to show she's exempt from garnishment under the statute.
00:53- And you'll notice that the plaintiff's attorney doesn't seem to be following the federal rules of civil procedure for amending, and she's still challenging the magistrate's authority to make recommendations on dispositive motions.
01:06What do you do?