Question
Shareholders of Company, Inc. sued the company in federal court for federal securities fraud. Company filed a motion to dismiss the shareholders' complaint under Rule
Shareholders of Company, Inc. sued the company in federal court for federal securities fraud. Company filed a motion to dismiss the shareholders' complaint under Rule 12(b)(6). Sixty days after Company filed its 12(b)(6) motion, the court granted the motion, but did so without prejudice, and gave the shareholders leave to amend. In its initial scheduling order, issued before the court's 12(b)(6) ruling, the court stated that the parties must file any amended pleading within 30 days following a ruling on a motion to dismiss or a motion to strike. The shareholders filed an amended complaint 28 days after the court's 12(b)(6) ruling. Company filed a motion to strike the amended complaint, contending that it failed to comply with Rule 15(a)(1)(B), which sets a 21-day deadline for amending a pleading as a matter of course following the service of a responsive pleading.
How should the court rule on Company's motion to strike?
(A)
The court should grant Company's motion because Rule 15(a)(1)(B)'s 21-day deadline applies.
(B)
The court should deny Company's motion because the scheduling order's 30-day deadline applies.
(C)
The court should deny Company's motion because the shareholders expressly requested the court's permission to amend.
(D)
The court should grant Company's motion because Rule 16 does not give the court power to set deadlines for amending pleadings.
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