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Objection to reopen a case dismissed without prejudice

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DGardner

Junior Member
What is the name of your state (only U.S. law)? KY Federal Court

Company A - Plaintiff
Consumer B - Defendant (me)

Civil suit case was dismissed at request of plaintiff without prejudice in 2009.

2011 Plaintiff petitions court to reopen dismissed lawsuit in order to reopen discovery. They want to ask defendant 3 questions. Defendant has 7 more days to file an Objection to their Motion to Reopen the case.

Are there any sample forms online to guide the pro se defendant (me) in drafting an Objection. Will case law need to be provided a memorandum or anything.

Am I even asking the correct questions? lol

Thanks for any help!
 


What is the name of your state (only U.S. law)? KY Federal Court

Company A - Plaintiff
Consumer B - Defendant (me)



Are there any sample forms online to guide the pro se defendant (me) in drafting an Objection. Will case law need to be provided a memorandum or anything.


Thanks for any help!
No specific form, its like any other pleading filing -- with title "PLAINTIFF"S OBJECTION TO MOTION ..." .

A memo of law should (or MUST to make it clearer) be included. Case law is not required but you should at least google scholar the cases cited by the opponent and see if they are distinguishable from your cases circumstances.

The objection should be 1 page saying "for all the reasons noted in the memo..." Its the memo where argument is normally detailed.
 

DGardner

Junior Member
Your help was exactly what was needed. Thank you so very very much. Here is what I put together to file with the court - 3 documents. Objection, (should be be titled Response?)- Memorandum in Support - Proposed Order. Does this look somewhere close to correct?

Document # 1

DEFENDANT’S OBJECTION/RESPONSE TO PLAINTIFF’S MOTION TO REOPEN CASE

I, (pro se litigant),Defendant, OBJECT to “Plaintiff’s Motion To Reopen the Case" {doc-#].

For reasons stated in the “Memorandum To Support Defendant’s Objection To Plaintiff’s Motion To Reopen Case and Discovery to Enforce Consent Injunction”, attached hereto, the Defendant’s respectfully requests the court to DENY the ”Plaintiff’s Motion to Reopen” [doc-#].

Date
Signature
Proof of Service


Document # 2

MEMORANDUM IN SUPPORT OF DEFENDANT'S OBJECTION TO PLAINTIFF'S MOTION TO REOPEN CASE

I. FACTUAL BACKGROUND
II. ARGUMENT (this is where I addressed their case law/court opinions and why it should be ignored or does not apply and where I include the cases/court opinions that agree with my stance)
III. CONCLUSION

Date
Signature
Proof of Service

Document # 3


ORDER DENYING PLAINTIFF’S MOTION TO REOPEN CASE

Before the Court is Plaintiff’s Motion to Reopen Case [doc-#]. Upon review of the Motion to Reopen, Defendant’s Objection to Reopen and Plaintiff’s Reply, thereto, the Court finds that Plaintiff's Motion to Reopen Case filed by is DENIED.


(place for Judge signature)
 
Last edited:

LdiJ

Senior Member
Your help was exactly what was needed. Thank you so very very much. Here is what I put together to file with the court - 3 documents. Objection, (should be be titled Response?)- Memorandum in Support - Proposed Order. Does this look somewhere close to correct?

Document # 1

DEFENDANT’S OBJECTION/RESPONSE TO PLAINTIFF’S MOTION TO REOPEN CASE

I, (pro se litigant),Defendant, OBJECT to “Plaintiff’s Motion To Reopen the Case" {doc-#].

For reasons stated in the “Memorandum To Support Defendant’s Objection To Plaintiff’s Motion To Reopen Case and Discovery to Enforce Consent Injunction”, attached hereto, the Defendant’s respectfully requests the court to DENY the ”Plaintiff’s Motion to Reopen” [doc-#].

Date
Signature
Proof of Service


Document # 2

MEMORANDUM IN SUPPORT OF DEFENDANT'S OBJECTION TO PLAINTIFF'S MOTION TO REOPEN CASE

I. FACTUAL BACKGROUND
II. ARGUMENT (this is where I addressed their case law/court opinions and why it should be ignored or does not apply and where I include the cases/court opinions that agree with my stance)
III. CONCLUSION

Date
Signature
Proof of Service

Document # 3


ORDER DENYING PLAINTIFF’S MOTION TO REOPEN CASE

Before the Court is Plaintiff’s Motion to Reopen Case [doc-#]. Upon review of the Motion to Reopen, Defendant’s Objection to Reopen and Plaintiff’s Reply, thereto, the Court finds that Plaintiff's Motion to Reopen Case filed by is DENIED.


(place for Judge signature)
I don't think that you need the memorandum. I think that all of that should be contained in your objection/response.
 
I don't think that you need the memorandum. I think that all of that should be contained in your objection/response.
I would say include a memo if you have case law to support your viewpoint. Then keep the actual motion to say "for the reasons noted in the memo..."
 

DGardner

Junior Member
You each have been of great help. I have case law and have a rebuttal to their case law, so I'm including the Memorandum as a separate document. Crossing fingers I'm doing it correctly.

Thanks again!
 

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