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APPLICATION AND EFFECTIVE DATE OF REGIONAL RULES ... (B) The Clerk shall keep a motion docket in which there shall be docketed, in order, all motions ...
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... © In determining whether to rule on the merits of a motion for leave to amend pursuant to this paragraph ..., the court shall consider, among other things, whether the motion is timely ..., the nature of the proposed amendment, if any, and whether [it] is in the best interests of the parties and the .... Upon the failure to be satisfied by a showing of the correctness of such a determination, the court shall dismiss the claim for leave to amend. (D) On motion of any party a court of appeals may, under such procedures as to be prescribed by the Rules of Procedure, on motion of the party requesting the entry of a new order, order modified and/or stay pending appeal, grant a motion for leave to amend or, if it is for the purpose of correcting an error in a published order, order modified and/or stay pending appeal. Upon the failure to be satisfied by a showing of the correctness of such a determination, the court shall dismiss the claim for leave to amend. ... There's a number of reasons why it is bad form for an institution that is the central authority in a particular region of the country to grant a grant of leave to amend when it is a party to a pending legal dispute between the two parties. First, it undermines institutional authority as a matter of principle. The state's authority should be sacrosanct. There is no reason not for the state to be able to assert itself as a litigant in a pending case even if it is a party to such a case. And the very fact that the state is involved is not necessarily a reason for the state to be granted such a stay, especially where its primary interest is not in the litigation but in the maintenance of the legitimacy of government. In fact, the Supreme Court has repeatedly held that the State should not be granted a stay from litigation until the disposition of a pending matter. For example, in Broussard v. Town of Hennepin, 447 U.S. 256, 100 S. Ct. 2758, 65 L. Ed. 2d 342 (1980), the Court agreed with defendants that the Supreme Court's recent ruling in United States v. Leon would limit the ability of the State to seek a stay while litigation is ongoing.

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