Pre Trial Conference Concerns - Federal Court

[BG998]

I am a co-defendant in a federal civil case. I am Pro Se and the other party has an attorney.

The other party has answered the complaint.

I have file a motion to strike the complaint.

Here is the problem. The magistrate judge assigned to this case is forcing a pre-trial conference and ENE hearing even though I have not filed my answer to the complaint as of this date. The motion to strike has been fully briefed and awaiting the primary Judge ruling on this.

I feel that it is unreasonable for the Magistrate Judge to force me to participate in setting my defense at this time when I have not accepted the complaint as written. Also I am concerned that by participating in the pre-trial conference that I am in accepting the complaint as is, thus allowing the court to mark my motion as moot. (the ruling on this motion is likely to impact rulings in the future)

I'd appreciate any thoughts you might have on this

 

[Zigner]

I am a co-defendant in a federal civil case. I am Pro Se and the other party has an attorney.

The other party has answered the complaint.

I have file a motion to strike the complaint.

Here is the problem. The magistrate judge assigned to this case is forcing a pre-trial conference and ENE hearing even though I have not filed my answer to the complaint as of this date. The motion to strike has been fully briefed and awaiting the primary Judge ruling on this.

I feel that it is unreasonable for the Magistrate Judge to force me to participate in setting my defense at this time when I have not accepted the complaint as written. Also I am concerned that by participating in the pre-trial conference that I am in accepting the complaint as is, thus allowing the court to mark my motion as moot. (the ruling on this motion is likely to impact rulings in the future)

I'd appreciate any thoughts you might have on this

I think you need an attorney.

 

[FlyingRon]

The PTC isn't for "setting a defense." It's for arranging the schedule of what is coming forward, discovery deadlines, dates of upcoming hearings (which will be primarily done for the judge and the attorney's schedule benefit, you will be assumed to be available). As Zig says, you really do need an attorney here.

 

[BG998]

The PTC isn't for "setting a defense." It's for arranging the schedule of what is coming forward, discovery deadlines, dates of upcoming hearings (which will be primarily done for the judge and the attorney's schedule benefit, you will be assumed to be available). As Zig says, you really do need an attorney here.

Thank you for taking the time to reply.

 

[Taxing Matters]

I feel that it is unreasonable for the Magistrate Judge to force me to participate in setting my defense at this time when I have not accepted the complaint as written. Also I am concerned that by participating in the pre-trial conference that I am in accepting the complaint as is, thus allowing the court to mark my motion as moot. (the ruling on this motion is likely to impact rulings in the future)

It does not have the effect of making you accept the complaint as it is. Your motion to dismiss the complaint is made in place of your answer until the motion is ruled upon. But the filing of that motion does not have the effect of suspending the lawsuit until the judge rules on it. Pretrial conferences, discovery, etc, can all still go forward while the motion is pending unless the court has ruled otherwise. Exactly what the court plans to discuss in the pre-trial conference should be specified in the order, but generally at this stage is it likely to be for scheduling matters and deciding how the next steps in the litigation will proceed. It certainly doesn't force you to concede anything simply by participating.

I agree you'd likely benefit from having a lawyer represent you. Litigation, especially in federal court, can be challenging even for someone familiar with the rules. When you are not familiar with how things work, as you appear to be, that puts you to a significant disadvantage.

 

[BG998]

Thanks for your reply. I failed to mention that there is a Motion to Transfer the case to another district that has not yet been heard. As far as getting an attorney, I've been told that this case could cost $100,000 or more, my risk is far less monetarily and at those prices, the only way is Pro Se. This is why I have turned to this and other forum for others thoughts on issues. Thank you again.

 

[Mass_Shyster]

I've been told that this case could cost $100,000 or more

Get another opinion

 

[FlyingRon]

Well, you've not even asked the right questions which is indicative of being over your head. Who filed the motion to transfer on what grounds? Why do you think you're going to get stricken from the action?

 

[BG998]

Thank you for your thoughts,

 

[HighwayMan]

...I've been told that...

Some of the most dangerous words we hear in this forum.