General Civil Law Question

[cunundrum69]

FEDERAL LAW:

Here is my situation. I recently filed my first amended complaint in a civil lawsuit. The Defendant's have not yet been served. On the same day I filed my amended complaint, the case was transfered to a different federal Court because a different Judge had been assigned because this judge sits in the county where the injuries are alleged to have occurred. Therefore, the amended complaint does not bear the current judges initials.
Also, upon getting home from court the day I filed the amended complaint, I realized that I accidently grabbed the wrong version of the amended complaint and inadvertently filed this mistaken version.
Rule 15(a) of the Federal Rules of Civil Procedure provides that a party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served. 'Otherwise a party may amend the party's pleading only by leave of court... and leave shall be freely given when justice so requires.' Fed.R.Civ.P. 15(a).

My question is as follows:

It has been 2 days since I filed the mistaken second amended complaint.
Do you think if I explain to the Court what had happened concerning the filing of the mistaken version of the complaint, and explain to the court that I also want to file the correct version bearing the proper judges initials assigned to the case that I will run into any difficulty? Do you think the Judge will allow this? Any suggestions on how to better ensure permission? Thank You

 

[latigo]

FEDERAL LAW:

Here is my situation. I recently filed my first amended complaint in a civil lawsuit. The Defendant's have not yet been served. On the same day I filed my amended complaint, the case was transferred to a different federal Court because a different Judge had been assigned because this judge sits in the county where the injuries are alleged to have occurred.

Therefore, the amended complaint does not bear the current judges initials. . . . . .

Please help me to understand what you mean where you write, “the case was transferred to a different federal court”?

In which federal district did you file your complaint? Are you saying that it was subsequently transferred to a different geographical federal district within the same state, transferred to a different state, or do you mean the case was assigned to a different federal judge in the same geographical district?

(By the way, federal district judges don’t “sit” in a particular county. Counties have nothing to do with the federal court system. There are 94 separate federal districts – at least one for each of the 50 states and one each for the District of Columbia and Puerto Rico. Plus there is at least one “bench” in each state.)

Are you invoking federal jurisdiction based on subject matter or diversity of citizenship? If not diversity, then what federal laws are related to your cause of action? What motivated you to file in federal rather than state court?

Particularly puzzling is this business of the judge initialing the plaintiff's pleadings. Can you explain that process, please?

 

[latigo]

HEY, CUNUNDRUM69!

Something just occurred to me.

You are definitely the same OP that last Fall posted several times telling us the story of you having filed and were prosecuting three (3) separate civil lawsuits all pending in Federal District Court in California. And in which you intimated that you were suing several Fortune 100 corporations all supposedly in default.

And when I asked you for some detail about the lawsuits, including (1) in which of the four Federal Districts for California were the cases pending - Northern, Southern, Eastern or Central, and (2) the jurisdictional grounds permitting a federal venue . . . -

You sped off into the sunset faster than a Scott Adam’s Cheetah leaving a salad bar!

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Please find some other stage to ply your make believe. And in the meantime consider checking into a convenient mental clinic for the help you desperately need.

(“The judge didn’t initial my amended complaint”! What a joke!)

 

[Rhubarb297]

FEDERAL LAW:

Here is my situation. I recently filed my first amended complaint in a civil lawsuit. The Defendant's have not yet been served. On the same day I filed my amended complaint, the case was transfered to a different federal Court because a different Judge had been assigned because this judge sits in the county where the injuries are alleged to have occurred. Therefore, the amended complaint does not bear the current judges initials.
Also, upon getting home from court the day I filed the amended complaint, I realized that I accidently grabbed the wrong version of the amended complaint and inadvertently filed this mistaken version.
Rule 15(a) of the Federal Rules of Civil Procedure provides that a party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served. 'Otherwise a party may amend the party's pleading only by leave of court... and leave shall be freely given when justice so requires.' Fed.R.Civ.P. 15(a).

My question is as follows:

It has been 2 days since I filed the mistaken second amended complaint.
Do you think if I explain to the Court what had happened concerning the filing of the mistaken version of the complaint, and explain to the court that I also want to file the correct version bearing the proper judges initials assigned to the case that I will run into any difficulty? Do you think the Judge will allow this? Any suggestions on how to better ensure permission? Thank You

Once you have amended the complaint or they have responded, you need leave to amend. Yes, they will almost certainly grant you leave. The judges initials mean absolutely nothing.

 

[cunundrum69]

Please help me to understand what you mean where you write, “the case was transferred to a different federal court”?

In which federal district did you file your complaint? Are you saying that it was subsequently transferred to a different geographical federal district within the same state, transferred to a different state, or do you mean the case was assigned to a different federal judge in the same geographical district?

(By the way, federal district judges don’t “sit” in a particular county. Counties have nothing to do with the federal court system. There are 94 separate federal districts – at least one for each of the 50 states and one each for the District of Columbia and Puerto Rico. Plus there is at least one “bench” in each state.)

Are you invoking federal jurisdiction based on subject matter or diversity of citizenship? If not diversity, then what federal laws are related to your cause of action? What motivated you to file in federal rather than state court?

Particularly puzzling is this business of the judge initialing the plaintiff's pleadings. Can you explain that process, please?

The Districts of California have several different Courts in each District spread out throughout the particular region. Because the case was filed in a particular Court that was farthest away from the location of the incident, the Court transfered the case to the City where the incident occurred. Because this occurred, the case was transferred to a different judge located within that city. This City happens to have a US District Court in it. That is why it was transferred.
Regarding the initials issue, the local rules of the court require that the initials of the Judge assigned to the case be written after the case number.
Civil rights statute.

 

[latigo]

. . . Regarding the initials issue, the local rules of the court require that the initials of the Judge assigned to the case be written after the case number.

What local rule of which of the four California Districts? I've read the local civil rules of all four and I must have over looked this particular one. But you must have it at your finger tips, so coud you kindly share it?

You've been one busy little beaver now having filed a total of four (4) separate lawsuits in the United States District Courts for California. All within the last year and all pro per.

And if they were all Section l983 cases such as the latest, you have to be one of the most constitutionally abused persons on the planet!

But what prey tell happened to the other three? Did you force all of those multiple big time corporate defendants to their knees as the dipped into their Fortune 100 pockets?
_________________________________

“A lie is an abomination unto the Lord and an ever present help in time of need.” (John Tyler Morgan 1824-1907 – Confederate General and 30 years United States Senator from Alabama)