Case Dismissed

[emmanuelcwright]

Your only hope is that your opponent is as ignorant of the litigation process as you are. (Or more.)

Ok thank you. Can you look at my latest reply at the bottom of this thread and give me feedback on my parody defense?

 

[emmanuelcwright]

So far, the one thing that you have going for you is that he doesn't have a lawyer either.

That can change really quickly.



Charming. *sarcasm*

Personally, I'm not seeing harassment, just annoying. I'd block him, but that's just me.

I would suggest that you take the highest of high roads here and not respond in kind.

No one can predict what will happen in court.

He may choose to come in and be offensive and offend the judge.
He may clean up well, and present his side politely and succinctly.
He may get a lawyer between now and then.

And the only advice I can offer is that, even with a lawyer, you should dress neatly, be polite, succinct and factual. Being respectful helps.

Ok thank you. Can you look at my latest reply at the bottom of this thread and give me feedback on my parody defense?

 

[zddoodah]

I filed the motion to dismiss on October 31st and have not received an answer from the judge. On 11/06 the Case was Reassigned to a new judge. Do I need to file another motion to dismiss to the new judge or wait for the response. Also I was served by the US Marshall on the 11/06 Does my motion to dismiss count or do I have 21 days to file again?

Answer from the judge?

If you're not going to hire an attorney, you need to read and familiarize yourself with the Federal Rules of Civil Procedure and the Local Rules of the Middle District of Florida. In particular, Rule 3(d) says the following: "A party may respond to a motion within fourteen days after service of the motion. However, a party may respond within twenty-one days after service to a motion to dismiss, for judgment on the pleadings, for summary judgment, to exclude or limit expert testimony, to certify a class, for a new trial, or to alter or amend the judgment. If a party fails to timely respond, the motion is subject to treatment as unopposed."

You should also read Rule 3(g) and consider the ramifications of your failure to comply. Rule 3(i) is also relevant.

Once the motion is fully briefed, and assuming the court overlooks your failure to comply with Rule 3(g), the court may or may not schedule oral argument and will, eventually, issue a ruling on the motion. There is no time for ruling on a motion, although my take on your motion makes me think the court won't take very long in your case.

 

[zddoodah]

Also Is this a good response in defense of Parody?

Assessing the quality of a legal argument goes way beyond the scope of an internet message board - especially when the person making the assessment is unfamiliar with either of the two works.

 

[emmanuelcwright]

Answer from the judge?

If you're not going to hire an attorney, you need to read and familiarize yourself with the Federal Rules of Civil Procedure and the Local Rules of the Middle District of Florida. In particular, Rule 3(d) says the following: "A party may respond to a motion within fourteen days after service of the motion. However, a party may respond within twenty-one days after service to a motion to dismiss, for judgment on the pleadings, for summary judgment, to exclude or limit expert testimony, to certify a class, for a new trial, or to alter or amend the judgment. If a party fails to timely respond, the motion is subject to treatment as unopposed."

You should also read Rule 3(g) and consider the ramifications of your failure to comply. Rule 3(i) is also relevant.

Once the motion is fully briefed, and assuming the court overlooks your failure to comply with Rule 3(g), the court may or may not schedule oral argument and will, eventually, issue a ruling on the motion. There is no time for ruling on a motion, although my take on your motion makes me think the court won't take very long in your case.

Thank you. I am filing an updated motion to dismiss and responses to the plaintiffs complaints on Friday. Working on the paper work today. My deadline is Nov 27

 

[quincy]

The 27th is Thanksgiving Day.