I am not an attorney, and I certainly don't know anything about federal civil procedure rules.
That being said, AFAIK there is one man, and only one man who has successfully fought two major national 2A cases recently. Alan Gura. There haven't been many others that have had the kind of success that he has had in this arena that I am aware of. I think we all need to pay attention to that, and follow his pattern, that is if our goal is actually to win these cases and not just profit from them.
I was present at the PERUTA orals in San Diego in front of judge Gonzales, and then went to dinner with Ed Peruta and a group of other people who supported him. I supported them at the time, but this was a UOC group, and we all know how that effort turned out...
As an aside, IIRC there were also issues about Peruta not being the ideal plaintiff for this type of case either.
My point in saying all of this is that there are people who have shown that they know the right way to handle this issue, and if we are ultimately going to win, we need to sit back and let them take the lead. If they say a particular case shouldn't be filed, then it shouldn't be filed. If they say a particular argument shouldn't be made, then it shouldn't be made. Otherwise we are simply micturating in the wind, and being counterproductive to our own cause. It is obvious that some of us, while perhaps having the best intentions, have made things worse, not better.
"Who is the more foolish? The fool, or the fool that follows him?"-Obi Wan Kenobi
the question here is not whether the carrying of arms is a good idea—the question is
whether carrying arms is constitutionally protected. Objective standards and due process—not
Defendants’ philosophy or personal beliefs about the value of this activity—must carry the day-Alan Gura