Can Safe Cig continue to contest the amended allegations in its Rule 60(b) application?

⁵ We are at a loss to understand Safe Cig's claim that it was denied a due process right because it could not respond to the amended allegations. The essence of due process is the requirement of notice and an opportunity to respond. Mathews v. Eldridge , 424 U.S. 319, 348, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976). Notice was apparent from the face of the complaint and Safe Cig certainly did not suffer for opportunities to contest diversity jurisdiction. Although Safe Cig took a pass on its first opportunity to raise the issue in the district court, it did so in the first appeal and then raised the issue in its Rule 60(b) motion, and was ordered by the district court to provide additional briefing on the issue.

⁵ We are at a loss to understand Safe Cig's claim that it was denied a due process right because it could not respond to the amended allegations. The essence of due process is the requirement of notice and an opportunity to respond. Mathews v. Eldridge , 424 U.S. 319, 348, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976). Notice was apparent from the face of the complaint and Safe Cig certainly did not suffer for opportunities to contest diversity jurisdiction. Although Safe Cig took a pass on its first opportunity to raise the issue in the district court, it did so in the first appeal and then raised the issue in its Rule 60(b) motion, and was ordered by the district court to provide additional briefing on the issue.