Whether a district court must consider and decide on the merits a post-judgment motion for leave to amend the complaint

QUESTIONS PRESENTED FOR REVIEW In spite of this Court’s long-standing precedent that a post-judgment motion to amend the complaint must be decided under the same standards as a similar motion filed pre-judgment, the circuits are split in their treatment of a post-judgment motion. The Fourth and the Seventh Circuit apply the liberal standards for allowing amendments to pleadings consistent with this Court’s precedent. The Ninth and the Eleventh Circuits hold that the court may not consider a post-judgment motion to amend unless the judgment is first vacated. 1. Whether a district court must consider and decide on the merits a post-judgment motion for leave to amend the complaint when the motion is made within a timely filed motion to alter, amend or set aside the judgment under Rules 59 or 60 of the Federal Rules of Civil Procedure? 2. Whether the liberal standard for allowing amendments to pleadings pursuant to Rule 15 of the Federal Rules of Civil Procedure applies to a postjudgment motion for leave to amend the complaint made in a timely filed motion to alter, amend or set aside the judgment under Rules 59 or 60 of the Federal Rules of Civil Procedure? 3. Whether the decision below denying the Petitioner’s motion for leave to amend his complaint is in direct conflict with this Court’s decision in Foman v. Davis, 371 U.S. 178 (1962), as well as the decisions of several circuit courts of appeals.