Davis said Friday the city anticipated the case would continue even if Blake sided with the defendants.<br />"We knew that even if the court granted the motion the EEOC would have an opportunity toreplead the case and add allegations to cure any deficit," Davis said, adding that affirmative defenses can rarely be used to dismiss a case at the pleading stage.<br />"We thought this might be one of those rare cases," he said.

The judge gave Terry 30 days toreplead. Terry instead moved for reconsideration, citing Rule 59(e) of the Federal Rules of Civil Procedure.

Eve said the plaintiffs may try toreplead three claims, including one alleging Zillow invades privacy for posting their homes on its website without permission, Reuters reported.

markets." (90) The district court dismissed the plaintiffs' complaint without leave toreplead. (91)

Hill, however, never sought leave toreplead her Amended Complaint from the District Court.

The Court did allow Aquino toreplead for the breach of contract count in his suit.

The court should not reopen the record to admit additional evidence, given that the case has already proceeded through trial, judgment and appeal, nor should the partiesreplead.

what happens to plaintiffs given the opportunity toreplead. (59)

are significantly disadvantaged as they mustreplead, reargue, and

2009) (granting plaintiffs leave toreplead procedural due process claim if they could allege as a factual matter that parole appeals were "governed by an unofficial policy or practice that effectively eliminates the possibility of parole for prisoners serving indeterminate sentences based on 'stale and static factor[s]'" (alteration in original) (quoting Hayward, 512 F.3d at 546-47)).