After the defendant files a motion to dismiss for failure to state a claim, the plaintiff discovers additional facts that strengthen their argument. According to the FRCP, what should the plaintiff do to incorporate these new facts into their case?
Pursue a summary judgment based on the newly identified information.
Initiate a separate lawsuit with the additional factual information.
Request permission from the court to amend the initial pleading to incorporate the new facts.
Begin the discovery process to gather more evidence supporting the new facts.
The plaintiff should seek permission from the court to modify the initial pleading to include the new facts. This allows the case to reflect the updated information without initiating a new lawsuit. Refiling a new lawsuit is not permitted after dismissal, and advancing to discovery or seeking summary judgment would be premature without addressing the underlying pleading deficiencies.
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