What is the name of your state (only U.S. law)? Illinois
Thank you in advance. The defendants, who are represented by a large law firm, did not show up for their appearance. When I made a motion to amend my original complaint, their lawyers then filed an emergency motion to appear, file a jury request, etc. The judge asked them if they were in default. They answered "no". They were, but it had not yet shown up on the docket. The first thing they did after appearing is withdrew their emergency motion. Somehow, I don't know how, and believe something disingenuous happened, they got the hearing pushed back on my motion until January 23, 2012. (The statute of limitations would end on one of the defendants--the anchor--February 1st. They were supposed to file their answer... and I was supposed to respond by then was my understanding.) In any case, they did not show up for the default call, but I did. The judge told me to make all additions, amendments, and pleadings and to notify the defendants. The defendants responded by filing a motion for a dismissal of my amendment, arguing that it was ex parte since there is no motion on file for the complaint I filed; it differs (I changed the same things; just not in the same way or amounts) from what I asked to amend in the complaint that they pushed back to January 23rd. Plus, they apparently don't realize that the judge ordered me to amend the complaint. (I hired a 3rd year law student to help me write the complaint this time.) Question: Since the judge told me to amend the complaint (make all amendments, pleadings, etc.) did I need to do what I said I would in the motion that was never considered? Do I need to withdraw that Motion? Or is that Motion now moot or has been superseded by the amended complaint that I did file? If the defendant answers the original complaint with affirmative answers, do I need to respond? The defendant is trying to hold me to the motion to continue the hearing on the motion to amend to January 23, 2012. I have talked with a couple of attorneys, and they are saying that this case is pretty much over. I don't need them now. I can easily prove the assaults... So the attorneys are saying that I just have to not make a procedural error to keep from causing a dismissal.What is the name of your state (only U.S. law)?
Thank you in advance. The defendants, who are represented by a large law firm, did not show up for their appearance. When I made a motion to amend my original complaint, their lawyers then filed an emergency motion to appear, file a jury request, etc. The judge asked them if they were in default. They answered "no". They were, but it had not yet shown up on the docket. The first thing they did after appearing is withdrew their emergency motion. Somehow, I don't know how, and believe something disingenuous happened, they got the hearing pushed back on my motion until January 23, 2012. (The statute of limitations would end on one of the defendants--the anchor--February 1st. They were supposed to file their answer... and I was supposed to respond by then was my understanding.) In any case, they did not show up for the default call, but I did. The judge told me to make all additions, amendments, and pleadings and to notify the defendants. The defendants responded by filing a motion for a dismissal of my amendment, arguing that it was ex parte since there is no motion on file for the complaint I filed; it differs (I changed the same things; just not in the same way or amounts) from what I asked to amend in the complaint that they pushed back to January 23rd. Plus, they apparently don't realize that the judge ordered me to amend the complaint. (I hired a 3rd year law student to help me write the complaint this time.) Question: Since the judge told me to amend the complaint (make all amendments, pleadings, etc.) did I need to do what I said I would in the motion that was never considered? Do I need to withdraw that Motion? Or is that Motion now moot or has been superseded by the amended complaint that I did file? If the defendant answers the original complaint with affirmative answers, do I need to respond? The defendant is trying to hold me to the motion to continue the hearing on the motion to amend to January 23, 2012. I have talked with a couple of attorneys, and they are saying that this case is pretty much over. I don't need them now. I can easily prove the assaults... So the attorneys are saying that I just have to not make a procedural error to keep from causing a dismissal.What is the name of your state (only U.S. law)?