Alioto v. Town of Lisbon

Dist. Ct. did not err in dismissing plaintiff's section 1983 claim pursuant to defendant's Rule 12(c) motion alleging that plaintiff's claim failed to state cause of action, where plaintiff failed to address merits of dismissal motion, but rather filed late motion to amend his complaint, which was also denied. Dist. Ct. was not required to grant plaintiff's motion to amend where said motion had been filed well after deadline set forth in scheduling order, and where amended complaint added new theory of case and substantially revised another theory of case. Moreover, plaintiff waived any error with respect to propriety of dismissal order where plaintiff failed to file response in Dist. Ct. that addressed merits of dismissal motion.