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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
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Experience:  Attorney
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I am representing myself pro se in a USDC interpleader action.

Customer Question

I am representing myself pro se in a USDC interpleader action. An insurance carrier filed a lawsuit against several defendants having claims against a policy they wrote.

In this action, one of the defendants filed a motion to stay and enjoin. I filed my opposition to this motion to stay/enjoin. The plaintiff and the defendant who filed the motion responded by saying, to effect, I did not understand the stay or enjoin.

If I understand my legal readings, a stay stops all case activity with the court while the parties "figure things out." In my case, I need limited discovery to proceed against the plaintiff and have no need to stop.

As for the enjoin, my understanding of this is joinder with the other defendants. Again, not in my best interests. I intend to sever my claim as it stems from a different transaction/occurrance and involves different matters of fact and law.

Did I misunderstand the motion to stay/enjoin? Or are they just "rattling my cage?"
Submitted: 3 years ago.
Category: Business Law
Expert:  Lucy, Esq. replied 3 years ago.
Hi,

A stay does stop all case activity until the stay is lifted. But that doesn't mean that a party can't object to the stay where it's unnecessary or will prejudice a party's rights. Unfortunately, if the stay is granted before you file your motion to sever, the judge may choose not to rule on the motion until the stay is lifted. That is one reason I earlier suggested combining the Motion to Sever with the objection to the Motion to Stay.
Customer: replied 3 years ago.

Hi again. I was hoping you'd answer.

 

I did mention in my Opposition to Motion that I intended to file a motion to sever. I also have a "meet and confer" conference where I would like to bring this up.

 

However, remember I am appearing pro se - it takes me time to look up the law and write something intelligent. If I just "throw spaghetti against the wall to see what sticks" I don't think the judge will appreciate it!

Expert:  Lucy, Esq. replied 3 years ago.
I can understand that. I just want you to know that it is possible that the judge will refuse to hear the motion to sever until the stay is lifted. That is something he's allowed to do.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 19518
Experience: Attorney
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