How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 91303
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
10285032
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Hi Paul, The so called plaintiff lawyer says because that

Resolved Question:

Hi Paul,
The so called plaintiff lawyer says because that the asseterted defenses and my upcoming Motion for summary Judgment to close the case filed by me in pro per only applies to me because I cannot represent my company he wants to file for a request for an entry of judgment by default.

Reminder: The Companies were dissolved Four years ago during BK process whereas he never asserted any claim.
Question: 1- Can you provide me with a case law or fed civil rules that because his entire complaint is accusing me as the guy who committed all his alleged violations, and therefore a default can or should be considered after if the court finds my conduct in his favor?
Question 2- A similar situation case law while he has named my other company as RELIEF defendant, shouldn't he FIRST prove I was at fault, and the Relief defendants BENEFITED or PROFITED, from me or the defendant company before he could be awarded a Judgment by default?
ISSUE- When in 2008 we filed the dissolution the TRUSTEE assigned by the Bankruptcy Court was listed on the form for responsible person to reconcile the corporate, debt and service, WHEN HE FILED HIS Complaint in December of 2010, the TRUSTEE still had control over the companies and filed his TFR and discharged in May 2011, HE ONLY KEPT SERVING ME AT HOME ADDRESS for the Companies during the time that they were still
Trustees estate.
QUESTION- Can I also argue defective Proof of Service on the above mention FACTS.
thanks for your help.
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
You can only represent yourself. If your companies went bankrupt years ago, then any judgment he gets against the company would be invalid and unenforceable anyhow, so I would not concern yourself with that part of the issue. The rule is F. R.C.P. 19, which states a proper party is one who without them being in the suit complete judgment could not be had. As the company is the liable party and there is no justification for piercing the corporate veil he has sued the improper party.

The proof of service issue is too late because you accepted the service and answered the complaint.

I hope you found my answer helpful, please click on the GREEN ACCEPT and/or the HAPPY SMILEY FACE button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 2 years ago.
Thank you Paul, it is understood however my concern is that he goes after the Customers who fully paid and received the Gold coins, because he works for the Government and they have done this before. Their assignment is to bring in money. I found at least 5 suit this particular lawyer had filed all over the country including ours that look that he XEROXED all are exact same body, a friend who did worked for these regulatory agencies said they are trained to do that strategy, his exact word: through as many crap to the wall and see how many sticks. SO I WILL APPRECIATE IF there is any thing else I can argue to prevent, stop or delay a default.

On Proof of Service, I filed a Judicial Notice as improper Service, my answers face page says: IND
Customer: replied 2 years ago.
SORRY I ACCIDENTALY HIT REPLY

My Answer face page says; INDIVIDUAL DEFENDANT and argued improper service for the companies
Expert:  Law Educator, Esq. replied 2 years ago.
Improper service if proven will delay, but not dismiss the action. Thus, you pursue the summary judgment as to you personally. Let him go after the bankrupt companies, since there is nothing he can get from the company and he cannot collect from the owners or patrons who made purchases at this point.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 91303
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 7 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Paul,

This is regarding Bankruptcy case, one of my partners who was also Vice President of Corporate debtor filed Chapter 7, filed a 523 Law suit in my personal Bankruptcy trying to obtain a non-discharge Judgment blaming me, when actualy they caused the BK, they know I can't hire an Attorney to fight a 523 suit and will try to get a default, the GOOD part is that prior to BK the Company D&O hired counsel to sue them and I have a copy of the suit and Forensic accountant hired by the Carrier.

According to the emails recovered from their Home Computer hard drive images, (I got a Copy from the Counsel hired by the carrier to defend me prior to the BK) Their stupid plan was to corner me, obtain a large sum settlement from our corporate E&O/D&O coverage and force me out.

My best shot is to file a motion to dismiss and role the dice.

Question-1- Can you please quote me the proper points of Authority or Rules of procedure, where I can dispute validity of a CORPORATE Debtor VP and share holder going around posing as customer to try to obtain a nondischarge judgment?
Question-2- A case law supporting my Motion to Dismiss?
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, bankruptcy is one area of law that is not in my area of practice, so that is one question I cannot help with. You really need to post that as a separate question in our bankruptcy section for one of the bankruptcy experts.
Customer: replied 2 years ago.
Can you please do that every time I try the system automatically wants to assign it to you as First because of the History.

I don't know how to by pass it, the lady at the CSR said you can post it to all members or instruct them to reassign it to a BK member, I APOLOGIES for this your web site seems to direct activities.
Expert:  Law Educator, Esq. replied 2 years ago.
I will, but right now it appears we have no bankruptcy experts online, but I will forward the question to one who should contact you when they come online.
Customer: replied 2 years ago.
Thank you, XXXXX XXXXX also figured it out and deposited $30 as your site requested , you are very helpful are in you California?

Can I in the future hire your services for my Business?
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, but while we can help in here, we cannot work privately for any customer of this service, it is against the site rules I am afraid.
Customer: replied 2 years ago.
Can you please tell me what is Initial Disclosures FRCP 26(a)(1)
Is that the filing of JSR?

And what disclosures should be made as pre trial discl. Under FRCP 26(a)(3)?

Thank you
Expert:  Law Educator, Esq. replied 2 years ago.

The initial disclosure requirements, as set forth in Rule 26(a)(1), currently are:

Except in categories of proceedings specified in Rule 26(a)(1)(E) Footnote , or to the extent otherwise stipulated or directed by order, a party must, without awaiting a discovery request, provide to other parties:

(A) the name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information;

(B) a copy of, or a description by category and location of, all documents, data compilations, and tangible things Footnote that are in the possession, custody, or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment;

(C) a computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and

(D) for inspection and copying as under Rule 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

Pre-trial disclosures are witnesses, experts, reports and a list of evidence that you intend to introduce in your case, which typically comes from your discovery throughout the process.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 2 years ago.
Thank you

You are Great as always.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you, XXXXX XXXXX forget to click accept.
Customer: replied 2 years ago.
Hi Paul,

As we discussed I filed a Motion for Summary Judgment back in November of 2011 and provided 90 days till the hearing. I CITED 15 laws and injunctions that his suit is without merit and supported it with evidence and forensic accountant declaration.

In january Plaintiff filed for an extension stating that we haven't held a 26(f) so we did.
Then he filed another request to extend my MSJ for another 60 days. Asked me not to oppose.
Long be hold he filed another request for another 120 days.

This is the Government Agency and I am pro per, I doubt they can dispute my MSJ, as an example my number 1 argument was statute of limitation, my number 2 was US BK court discharge Injunctions that last forever, and 13 others.

I do not understand answering to a MSJ is 21 days NOT 10 months, logically
Question-1- how many extensions can he request?
Q-2- if it was me could I have ask so many extensions and court tolerates?
Q-3- I filed a Judicial Notice that Responses to MSJ are due BY JANUARY 04,2012
SO CAN YOU TELL ME THE CITATION THAT GRANTS RIGHTS TO MOVANT (Me) THAT SETS THE DEADLINE FOR THE RESPONDENT TO FILE RESPONSES?
because I believe based on that Judicial notice my MSJ should be [granted] while he is in default and his request for his 1st extension was made after the deadline I provided in MSJ?
Q-4- Can you please help me with a Citation to support my request for default?

Sincerely,
Ry
Expert:  Law Educator, Esq. replied 2 years ago.
1) He can request as many extensions as the court will allow him to have. You can object to the extensions he submits and you should do so. If they miss an extension deadline you would file a motion for default on your summary judgment based on them failure to respond.

2) You too would be entitled to as many extensions as the court would tolerate.

3) You need to file a motion for default judgment on the MSJ, that is your recourse.

4) You move for default under Rule 55(a) of the Federal Rules of Civil Procedure
Customer: replied 2 years ago.
Thanks you are great I hope I get to know you some day.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you.
Customer: replied 2 years ago.
:-)
Expert:  Law Educator, Esq. replied 2 years ago.
Have a great night.
Customer: replied 2 years ago.
Hi Paul,

As discussed above here I filed my motion for default under 55 as you advised, now he filed a motion to Strike my motion for default arguing I should have contacted him under local rules 83 before I do so, funny thing he tried to get a default on me twice and he never contacted me!!

His motion to strike my default motion has a totally deferent hearing date, like he is not responding to my motion but setting up a seperate hearing a week later to strike my default hearing.

Also filed a Motion to strike my Status Report under (26(f), that I had to file as a separate status report because I couldn't agree with all the 13 pages he wanted in the status report which looked like he is amending his complaint by asserting more things as his positions.

Please let me know how should respond.
I'll appreciate the Rules if any I need quote
And case law to refer to.

Thanks.
Expert:  Law Educator, Esq. replied 2 years ago.
I thought you have been trying to contact him and he has not responded and you should have put that in your motion. When you file an objection to his motion to strike, which you need to do, you need to argue that you have been trying to communicate with him and he has not communicated at all.
Customer: replied 2 years ago.
Yes I did serve him with a deadline to Respond to my MSJ, he claims I should have done that again.

How do I address that he failed to respond to my Motion for default hearing for June 04,12 and instead he set his own hearing for June 11,12?!

Because he works for the government the court is very easy on him.

You didn't say how I argue his request to strike my Status report?
Expert:  Law Educator, Esq. replied 2 years ago.
You need to answer the motion to strike as I said above, you argue that you did try to communicate and he refused to respond to you which led you to filing this motion for default.
Customer: replied 2 years ago.
Ok thanks,

I was also asking how to respond to his motion to strike MY SEPERATE STATUS REPORT THAT I FILED because he wanted to make it complex and was trying to bully me into accepting HIS VERSION OF STATUS REPORT THAT KEPT on adding unrelated topics that WERE NOT sensible or common for a Status Report under 26(f)
Expert:  Law Educator, Esq. replied 2 years ago.
You would have to respond to just that and address the irrelevant information that you were objecting to in the status report. Just explain why you believed they were irrelevant and did not belong in the report.
Customer: replied 2 years ago.
Ok thanks

Is there any case laws that I you could kindly refer me to where the party has the right to NOT to agree with an [Adhesion] proposal and simply files what is the required synopsis of a JSR under Fed 26(f) and California Local Rule 26-I

I am very thankful of your help, my Home is being Auctioned by foreclosure in 20 days because all of our Money was stolen by MF Global Jon Corzine (Senator and Governor) who took $1.6 billion of customer's money, regulators instead going after victims.
Expert:  Law Educator, Esq. replied 2 years ago.

I am sorry, but we cannot do case law research through this site, it is cost prohibitive for access to those databases. I apologize that is a restriction of this service.
Customer: replied 2 years ago.
Oh ok

Your colleague here, last weekend, in her Answer send me a case law as reference , I thought you can too. Can you please tell me how or where I can find one to establish my right to file my own JSR and reject adhesion proposed by the plaintiff . Sorry for the inconvenience I appreciate the direction.

Which State you practice? I truly want to thank you in person one of these day, you changed my opinion.
Expert:  Law Educator, Esq. replied 2 years ago.
We give case law when we happen to have it from legal work we have already done, but to actually access the case law services costs us about $160 per hour for access time. You can access those same sites for free at the court library, but we cannot access them from our offices for free.

I actually practice in several states LA, RI, MA and several others.

By the way, the JSR in federal court is drafted by the way each judge prefers the format and the clerk of each judge will have instructions as to what the judge wants. Typically, people do not object to these. When parties disagree with the other's report, they each submit their own to the court.
Customer: replied 2 years ago.
That's what I told him, he is a bully.

Well I am in California, look me up it will my pleasure my cell is XXX-XXX-XXXX
Expert:  Law Educator, Esq. replied 2 years ago.
He is just trying to intimidate you as a pro se litigant and they do not believe you know what to do.
Customer: replied 2 years ago.
Hi Paul,

Little update; The Judge ordered the Plaintiff to explain why he shouldn't Dismiss the case in respond to my Motion for entry for Default under rule 55 . So thank you, XXXXX XXXXX if they can convince the Judge.

However, meanwhile he filed his Initial disclosure under rule 26(f)(a) and I did file mine as you helped me what rule needs above here;

Background: When he filed his complaint was asking for Relief abd Judgment in sum of $1.2 million per defendant me and two of my companies closed dissolved in 2008)total of $3.6 million THEN. HE NAMED my Wife and two of other companies which also closed and dissolved as RELIEF defendants asking another $2.2 million for disgorgement income, (I HAD THREE FORENSIC ACCOUNTANT FILED DELARATION NO SUCH MONEY WAS NEVER PAID TO NEITHER TO ME NOR TO RELIEF DEFENDANTS.

Now that by initial disclosure I requested computation for damages and explanation as to how he computed these crazy amounts: his explanation is that he is seeking fine not exceeding more $130,000 for each alleged violation
Total 8 violation. Even if he is correct which he is NOT this TOTALS $980,000.00, and on the disgorgement HE NOW HE SAYS ONCE MORE INFORMATION BECOMES AVAILABLE HE WILL PROVIDES THE COMPUTATIONS.

Question: HOW do I tackle his "misrepresentations" in the initial complaint to the Court and what should I file under what Rule or code to POINT his inconsistencies to the Court?



Expert:  Law Educator, Esq. replied 2 years ago.
You would file a motion to strike his damage computations based on the inaccuracy (failure to state a claim) under Rule 12, since he has not made his claim for the damages by proving those damages. In your memorandum in support of your motion you would describe why his damage calculations are not accurate.
Customer: replied 2 years ago.
Thank you Paul,

One Question- In the Judges [deadline Notice to Plaintiff] he says:

Plaintiff has a duty to prosecute when they file a complaint, therefore PLAINTIFF HAS TILL THE HEARING DATE TO TELL THE COURT AS TO WHY THE COURT SHOULDN'T DISMISS THE CASE for LACK OF PROSECUTION, Defendants Answer.

Why he is telling them to explain, rather than acknowledging the defaulted?
Why he uses [Lack of prosecution] rather than default? is that what rule 55 is
Why he gave them through the hearing where L-R rule 7.9 says oppositions must be file within 14 days and says the court will NOT HEAR ORAL ARGUMENT?
where I'll not have a chance to argue!!!
Expert:  Law Educator, Esq. replied 2 years ago.
When a motion for dismissal for want of prosecution is filed, the other party has a right pursuant to due process to respond, which is what the court is telling them. They have a right to respond with some good cause for failure to pursue the case for the court to make an informed decision as to whether or not they want to dismiss the case. As far as default, you would have a ground to object in writing to the court's instruction by filing your objection with the court stating your motion was to dismiss pursuant to failure to respond and not for lack of prosecution.
Customer: replied 2 years ago.
As always you are Great
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you.
Customer: replied 2 years ago.
Hi Paul,

In California the US BK Court has a local rule for a party to file its UNILATERAL STATUS REPORT known as Rule 7016-1(a)(3).

Question: I WAS WONDERING WHAT IS A SIMILAR RULE UNDER FCRP OR CA LOCAL RULES for District Court that allows a Party to file his UNILATERAL STATUS REPORT?
Customer: replied 2 years ago.
Relist: Other.
You stated Paul is offline,
Customer: replied 2 years ago.
Hi Paul,

In California US Bankruptcy Court has a Local Rule known as LBR 7016-1(a)(3) that allows a party to file his UNILATERAL STATUS REPORT.

Question: Can you please tell me what is the equivalent Local Rule in California or FRCP in Diatrict Court, which allows a party to file his UNILATERAL STATUS REPORT?

Thank you
Expert:  Law Educator, Esq. replied 2 years ago.
That is a bankruptcy court rule, not a district court or state rule. There may be a status report ordered by your particular district court judge and each judge has their own format for how they want the pre trial memorandum to look. The pre-trial memorandum in general can be seen at Pretrial Memorandum.

Customer: replied 2 years ago.
Understood, thank you

So there is No similar FCRP or CA Local Rule for UNILATERAL STATUS REPORT for District Courts?
Expert:  Law Educator, Esq. replied 2 years ago.
No, this is a bankruptcy rule. The District Court rule is only a pretrial memorandum when the judge orders it.
Customer: replied 2 years ago.

Hi Paul,

 

The Guy is trying to obtain a Default Judgment against the Corporate defendants and Corproate RELIEF Defendants. Claiming that I can only represent my self and my Answers and defenses doesn't apply to the Companies, THAT IS TRUE (I can NOT represent a company) I know since they are dissolved I shouldnt worry too much.

 

However its matter of principle. I want to FILE a motion to vacate, under FRCP 60 and argue that:

A- He never served the PROPER party at the correct address HIS declaration and SUMMONS are DEFECTIVE.

B- Because this entire compalint alleges and accuses me, a PARTIAL Judgment could NOT be had. FIRST he needs to prove IF I violated anything.

QUESTION: IF I cite FRCP 19 TO SUPPORT MY ARGUMENT in "B" will it apply?

C- My Motion for Summary Judgment for RELIEF from this case is pending.

D- As such Judgment against RELIEF defendant can NOT be had, because they FIRST need to establish if those Corporate RELIEF defendant received any money from me?

QUESTION: Is there any FRCP or Rules, you can Cite, so I can cite in support of my arguments in "B" C" and "D" or as to my overall argument TO CONVINCE THE JUDGE TO AT LEAST WAIT TO HEAR MY MOTION FOR SUMMARY JUDGMENT for RELIEF, or any case law, REALY NEED YOUR GUIDANCE, SINCERELY, RYAN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Customer: replied 2 years ago.
The Guy is trying to obtain a Default Judgment against the Corporate defendants and Corproate RELIEF Defendants. Claiming that I can only represent my self and my Answers and defenses doesn't apply to the Companies, THAT IS TRUE (I can NOT represent a company) I know since they are dissolved I shouldnt worry too much.

However its matter of principle. I want to FILE a motion to vacate, under FRCP 60 and argue that:

>A- He never served the PROPER party at the correct address HIS declaration and SUMMONS are DEFECTIVE.

>B-Because this entire compalint alleges and accuses me, a PARTIAL Judgment could NOT be had. FIRST he needs to prove IF I violated anything.

QUESTION: IF I cite FRCP 19 TO SUPPORT MY ARGUMENT in "B" will it apply?

C- My Motion for Summary Judgment for RELIEF from this case is pending.

>D- As such Judgment against RELIEF defendant can NOT be had, because they FIRST need to establish if those Corporate RELIEF defendant received any money from me?

QUESTION: Is there any FRCP or Rules, you can Cite, so I can cite in support of my arguments in "B" C" and "D" or as to my overall argument TO CONVINCE THE JUDGE TO AT LEAST WAIT TO HEAR MY MOTION FOR SUMMARY JUDGMENT for RELIEF, or any case law, REALY NEED YOUR GUIDANCE, SINCERELY, RYAN
Expert:  Law Educator, Esq. replied 2 years ago.
You are going to need case law to cite to support your arguments, not rules or statutes so much here. The case law research is beyond the scope of this service because of the costs I am afraid. You are right to not worry about the company, let them get a default against the company. You can try to file a motion for defective service, but since you appeared and are litigating, the defective service motion is now moot, it should have been filed in the beginning of the case not now. He can get summary judgment or default judgment against the corporate entity, since you cannot represent them, but then you would have to defend yourself.
Customer: replied 2 years ago.
Can you please guide me how to Research case laws like what key words, would you use and where online I should go to or does your site provides if I pay for the cost?
Customer: replied 2 years ago.
Thank you Paul,

Question-1- Can you please guide me where to Research case laws land what key words should I use relays to my argument and where online I should go to

Or if Just Answer site provides the service if I pay for the cost? I truly appreciate I want to fight this to the best of my ability because their entire suit was and is bs...sorry,

Question-2- what is the FRCP for Motion of Defective Service?
Expert:  Law Educator, Esq. replied 2 years ago.
1) JustAnswer does not provide case law research as part of their I am afraid. You will need to go to the court library, where they have free access to WestLaw and Lexis (the two case databases).

2) Service is Rule 4 and dismissal for defective service is Rule 12. See: FRCP
Customer: replied 2 years ago.
Thank you,

When at Westlaw Website, how do I look up case laws that may apply or can be relevant to my situation, I mean e.g. what is the key words you use if it was you trying to research?
Expert:  Law Educator, Esq. replied 2 years ago.
You need to put in for example, "summary judgment" and "requirements" or "summary judgment" and "denial". Also, "service of process" and "improper". Things like that based on the facts of your case. They also have a natural language search where you can type a whole sentence, but it returns a ton more cases that may or may not match. Typically, the law librarian will help you with key words when you explain to them what you are looking for.
Customer: replied 2 years ago.
Thank you Paul,
Expert:  Law Educator, Esq. replied 2 years ago.
You are welcome.
Customer: replied 2 years ago.
Hi Paul,

Few questions back you said I can file a motion to strike his initial $$ amounts as now he says in his INITIAL DISCLOSURE he can NOT provide COMPUTATION as how he made such $$ of claim when he filed the suit!!

QUESTION: Under what Rule I can file a motion to have $$ amount stricken?

QUESTION-2- He now want to say he is entitle to sue UNDER DUDD-FRANK however I thought Laws are never RETRO ACTIVE and do NOT enforce to alleged violations years earlier? HOW SHOULD I RESPOND

QUESTION-3- He NOW says he is opting out providing me with a Copy of the materials he intent to use in his claim and Rule 26(a)(1)(A)(ii) exempt him!! But he did this as I raised that he had violated Debtor's Privacy and privileged under Privacy act and 11 USC 702 Sec.1102(b)(3) bk rule that protects Debtors in bk, when he ignored the bk and continued Subpoena outside bk procedures and obtained these records without following procedures.

Q-3- In this case under what Rule I can file a motion to compel and ask the COURT to issue an ORDER compelling him to PRODUCE all he has?

Thanks
Expert:  Law Educator, Esq. replied 2 years ago.
1) It is a motion to strike under Rule 12 of the Federal Rules of Civil Procedure, but that is just the general rule for motions to strike.

2) You would move to strike the Dodd-Frank claim as being ex post facto as what he is alleging occurred prior to Dodd-Frank.

3) It is a motion to compel discovery under whatever discovery rule you asked for it, such as Request for Production of Documents would be under Rule 34.
Customer: replied 2 years ago.

Thanks Paul, you are awesome

 

Though he is claiming that I better read Rule 26(a)(1)(A)(ii) before I make any demands on him, I still can make this Motion under Rule 34 correct!

 

What do you suggest in general I should say so he cant tell the court that he is NOT under the general rues obligated and decided NOT to produce the actual material.

 

Because he claims that Rule 26(a)(1)(A)(ii) requires him to make disclosures as to list or location where they have custody, BUT producing them is at his discretion!!!! and I am sure this will be his respond to my Motion, THEREFORE I want to be ahead and close the loop hole.

Expert:  Law Educator, Esq. replied 2 years ago.
Rule 26 are the initial disclosures rule. Have you served him with a request for production of documents under Rule 34 yet? If you haven't then you need to serve him with a Request for Production of Documents under Rule 34, which I thought you had done already.
Customer: replied 2 years ago.

Yes I did, in my initial disclosure, I also made demand for productions under Rule 34 and gave 14 days, as you told me.

 

The above was his respond when I followed up that I am still waiting its more than 14 days, he said [he opted on that latter] because he is only obligated to disclose the list and location, and therefore he doesnt need to produce any thing. NOW he send me a revised JSR draft saying that party agree to destroy any privileged material that was unwittingly collected!!!

 

what do you think? do the motion to compel, and what should I argue if he claims he is NOT obligated?

Expert:  Law Educator, Esq. replied 2 years ago.
If you served a proper request for production under Rule 34 they have more than 14 days, they have 30 days to respond see: FRCP Rule 34 He has to either provide copies or make them available to you at a reasonable place and time for inspection and copying.
Customer: replied 2 years ago.

Yes, I also filed my request with the court on May 23, 2012, its on docket, now He says he decided not to, because he is not obligated.

 

So I will do the the motion to compel under 34.

 

He will probabely claim that he is under rule 26(f) subsections NOT obligated.

 

  1. Since he already says NO should I file immediately or wait till the 30th day June 23, 2012?
  2. what should I argue?
Expert:  Law Educator, Esq. replied 2 years ago.
If you asked for the documents under Rule 34 then wait 30 days and move to compel under Rule 34.
Customer: replied 2 years ago.

He will probabely claim that he is under rule 26(f) subsections NOT obligated to produce and decided to opt out the latter!!

 

  • what should I argue in reply?
  • Expert:  Law Educator, Esq. replied 2 years ago.
    The only thing he can refuse to produce in a request for production is something that is protected by privilege.
    Customer: replied 2 years ago.
    Ok great thank you
    Expert:  Law Educator, Esq. replied 2 years ago.
    Thank you.
    Law Educator, Esq., Attorney
    Category: Business Law
    Satisfied Customers: 91303
    Experience: All corporate law, including non-profits and charitable fraternal organizations.
    Law Educator, Esq. and 7 other Business Law Specialists are ready to help you
    Customer: replied 2 years ago.
    Hi Paul,
    Under what Rule there cannot be duplicate Judgment?
    Expert:  Law Educator, Esq. replied 2 years ago.
    I am sorry for the delay in responding to you, I was out of the country and had poor internet service.

    If a matter has already been decided, it is the doctrine of "res judicata" that prevents having another judgment issued on the same issue that has already been ruled upon by the court.
    Customer: replied 2 years ago.
    Great thank you

    Is there a high court decision that I can cite or particular rule in support of this
    Expert:  Law Educator, Esq. replied 2 years ago.
    As we have previously discussed, we cannot do case law research through this service as it is cost prohibitive, I hope you understand. The "rule" is the legal theory of "res judicata" as I stated above.
    Customer: replied 2 years ago.
    Oh yes I do, and I do research.

    The reason I asked, sometimes on important doctorines or common rulings you do cite certain important rulings like the one you told me on Supreme Courts Decision in 1942 In re: Summer land.

    If I must research to cite other decisions in my motion in support of the doctorine PLEASE let me know.

    IF NOT NECESSARY NO NEED TO REPLY

    THANKS AGAIN :-)
    Expert:  Law Educator, Esq. replied 2 years ago.
    Under California law, res judicata bars a claim when:  (1) the prior litigation resulted in a final judgment on the merits;  (2) privity exists between the parties in the prior action and the present action;  and (3) the present action or proceeding relates to the same primary right as did the prior action.   See Cal. C.C.P. § 1908(a)(2);  Busick v. Workmen's Comp. Appeals Bd., 7 Cal.3d 967, 974, 500 P.2d 1386, 104 Cal.Rptr. 42 (Cal.1972).
    Customer: replied 2 years ago.
    Thank you Paul

    You are great,

    I am getting emails from your end asking me to rate you, however when I try it tells me you just rated Paul
    Eitherway I am very thankful
    Expert:  Law Educator, Esq. replied 2 years ago.
    Thank you very much. You do not need to worry about rating if you cannot do so. I appreciate the thoughts and words alone.
    Customer: replied 2 years ago.
    My pleasure

    By the way; up here you cited a California Rule and a California Board ruling on the "res judicate", CAN I CITE A CALIFORNIA RULE OR CALIFORNIA COURT DECISION IN US DISTRICT COURT IN CALIFORNIA, OR VISE VERSA?

    Example: Does this citing you said works for a US District Judge in California District?
    Or the case decision in the US DISTRICT you cited to support the Motion to Vacate can be Cited in a California Superior Court?

    On Rule 34, tomorrow is the 30th day since I requested, before I file that motion to compel I JUST WANTED TO MAKE SURE that I can do request for production NOW, though we agreed that the Trial to be in 2013?

    Expert:  Law Educator, Esq. replied 2 years ago.
    The federal courts have traditionally adhered to the doctrine of res judicata. Under res judicata, a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action. Los Angeles Unified School Dist. v. Los Angeles Branch NAACP, 714 F.2d 935 (9th Cir., 1983), citing Cromwell v. County of Sac, 94 U.S. 351, 352 [24 L.Ed. 195].

    You can do the motion to compel for Monday, yes.
    Customer: replied 2 years ago.
    Paul is. One of the most. Decent. And hardworking counsels I have worked with
    Expert:  Law Educator, Esq. replied 2 years ago.
    Thank you.
    Customer: replied 2 years ago.
    Hi Paul,

    I send him a courtesy email asking him if he is going to comply with my request for production under Rule 34 or not, he says he never received my demand , and me mentioning it in my initial disclosure is the right vehicle to count the days.

    Basically he says:
    resubmit your demand and he will produce them in the next 30 days, problem with this, is that I'll not have enough time to go through them and use them in my MSJ against them!!

    Should I leave it alone or tell him that the fact is: my demand was documented in my initial disclosure on docket his 30 days is up, and I need them within the next 7 days?

    Thanks,
    Expert:  Law Educator, Esq. replied 2 years ago.
    Send him a response and tell him you will gladly resubmit them and not file a motion to compel if he signs a joint stipulation to agree to extend the time to file any dispositive motions (MSJ). Tell him that if he refuses then you would file a motion to compel with a motion to extend time to submit the dispositive motions. Tell them that this is your good faith offer to resolve the discovery dispute.
    Customer: replied 2 years ago.
    Thanks Paul

    Will do
    Expert:  Law Educator, Esq. replied 2 years ago.
    Thank you.
    Customer: replied 2 years ago.
    YOU ARE VERY WELCOME

    On his Initial Disclosure he did NOT provide Computation for the $$ amount he originally seek in his injunction as remedies, and indicated he is looking for more information, if you recall YOU SUGGESTED that I should file a Motion to Strike under Rule 12.

    As a courtesy I emailed him and asked him that since he can't produce computation for his claim is he willing to withdraw the amount, till he can.

    He replied that he clearly says in his initial disclosure THAT HE WILL AT A LATER TIME.

    I am confused can he?
    Or should I proceed as you suggested to Strike his $$ amount for lack of computation especially that it is 18 months since he originally filed his injunction?

    Thanks
    Expert:  Law Educator, Esq. replied 2 years ago.
    If he is in the process of compiling the calculations and he has never done so in 18 months, then you can continue to pursue the motion to strike as he has failed to provide discovery proving that amount.
    Customer: replied 2 years ago.
    Thank you Paul

    So there is NO excuse him arguing that he needs more information and shall do so later?

    Shouldn't he have had this done when [he filed] his injunction in December of 2010?

    Can one just pull a $$$ amount out of there hat to file a suit and then claim they will provide computation later?!!

    Is there anything top of your memory, like a similar situation that you had to dealt with in the past, that I can cite about this?
    Expert:  Law Educator, Esq. replied 2 years ago.
    He would have to prove good cause as to why he needs more time to get the information together and why he hasn't gotten the information yet. He will have to prove the monetary amount.
    Customer: replied 2 years ago.
    Thank you Paul
    Expert:  Law Educator, Esq. replied 2 years ago.
    You are welcome.
    Customer: replied 2 years ago.
    my pleasure

    I am here at the law Library trying to find a similar case where the defendant succeeded striking, so I can do my motion correct, neither me nor the library assistant can look up one, CAN YOU PLEASE GIVE US A HINT, direction or any particular case IF you know of that We can search to write my strike motion off of it?

    Any tip will be appreciated
    Expert:  Law Educator, Esq. replied 2 years ago.
    I am very sorry, other than using the terms "motion to strike" and "failure" and "discovery" or "improper" and "calculation" or "award", I really do not know of the cases off hand and do not have sufficient material from your case in front of me to come up with something more creative. Basically you are looking to strike an improper demand for compensation.
    Customer: replied 2 years ago.
    thank you

    This is very helpful
    Expert:  Law Educator, Esq. replied 2 years ago.
    I am sorry I couldn't be more helpful, but this is why this site does not allow us to do legal research, because we most times do not have sufficient facts and documents in front of us to do it properly.
    Customer: replied 2 years ago.
    I have gone to three libraries UNFORTUNATELY using all those key words we couldn't find a case that I could use as my base to draft my own motion. It's almost 6 hours no success
    Expert:  Law Educator, Esq. replied 2 years ago.
    I am sorry to hear that, that is why case law research is so difficult and so costly for attorney's to conduct. Unfortunately, we cannot do that through this service, I apologize.
    Customer: replied 2 years ago.
    I know
    Expert:  Law Educator, Esq. replied 2 years ago.
    One other thing you can try is using a local paralegal to assist with the research for you or one of the local law schools where they can review your case so far and assist with the research for a small fee to one of the students
    Customer: replied 2 years ago.
    thank you so much
    Expert:  Law Educator, Esq. replied 2 years ago.
    You are welcome.
    Customer: replied 2 years ago.
    Paul has efficiently responded to my questions.
    Expert:  Law Educator, Esq. replied 2 years ago.
    Thank you. Please do not forget to click on "great service" to complete.
    Customer: replied 2 years ago.
    Hi Paul,
    Actually I always click on "excellent service" . I followed your tip found several cases to cite for my motion to strike an improper demand for computation BUT HE CLAIMS MY MOTION TO STRIKE is filed in contravention of FRCP 12(f)(2) which provides that motions under FRCP 12(f) can only be made [prior] to filing a responsive pleading (ie, your answer).  Also, FRCP 12(f) is an improper way to dismiss allegations in a complaint.
     
    And says I should withdraw my motion.

    Keep in mind, it was NOT till 16 months after since he had filed his injunction for relief, FINALLY SHOWED UP FOR JSR Conference under Rule 26(f) and was after I filed my answer and my MOTION FOR SUMMARY Judgment AS SUCH HE JUST FILED HIS INITIAL DISCLOSURE 30 days ago.

    Please tell me that we are ok or how do I respond to his respond ABOVE HERE?

    Expert:  Law Educator, Esq. replied 2 years ago.
    It is true that you have to strike before you answer whatever pleading it is that you are objecting to:

    Rule 12F states:

    (f) Motion to Strike. The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:

    (1) on its own; or

    (2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.

    If you moved to strike his computations before you filed your answered whatever pleading it was in, which I thought you said you did, then you are fine, if not you need to withdraw that motion and you would fight the computation by forcing him to present evidence of it in your discovery.

    Customer: replied 2 years ago.
    HAPPY 4th, thank you. How about, I file a Notice of clarification

    QUESTION-1-Explaining that BECAUSE the Joint Conference were NOT held till 15 months after he filed, and BECAUSE this just became knowledge AFTER he filed his INITIAL DISCLOSURE

    I am moving to have it stricken, I don't think I needed to use 12(f) because in 6 motion to strike he filed so far never did it under 12(f)

    QUESTION-2- Is there any alternative that I can correct the MOTION and remove "where It says as codified by 12(f)" BY NOTICE OF ERRATA, to a different CODE?

    BECAUSE I FOUND A CASE THAT WAS ENTIRELY DISMISSMED UNDER 12(b) or (c) and another CASE under Rule 56 a motion for summary Judgment by the DEFENDANT for this same reason and it was UPHELD BY THE 11 Circuit as Affirmed.



    Expert:  Law Educator, Esq. replied 2 years ago.
    If you have just received this notice and you have not answered those notices, you can move to strike those pleadings and rule 12 is the only rule that mentions a motion to strike. You can argue that as you never had the opportunity to answer these filings the motion to strike is proper.

    Rule 56 is a summary judgment rule, not motion to strike
    Customer: replied 2 years ago.
    Thank you,

    That is what I thought.

    Yes I know, I was referring to the other case that I found to cite in support of my Motion, in that Case the Defendant filed a MSJ under Rule 56 and successfully had its case dismissed because PLAINTIFF failed to produce computation, for its claim and when the Plaintiff appealed the THIRD DISTRICT upheld the DISMISSAL in favor of the Defendant . See Stevens-Henager College V Eagle Gate, Case No.20090815-CA, Feb 23, 2011 UTAH App 37, Third District Salt Lake City UTAH.
    Expert:  Law Educator, Esq. replied 2 years ago.
    Here though I thought you had the computation produced already and if they have not produced the computation you can pursue your own MSJ for those grounds.
    Customer: replied 2 years ago.
    Yes, but if you remember we filed our own MSJ with the Answer in November 10, 2011, HE HAS SINCE FILED THREE request for extensions.

    And it's now calendared for September 10, 2012

    IF YOU RECALL YOU SAID THAT he can ask for as many as extensions that the court gives it to him, HIS EXCUSE WAS that oops he just remembered that we never had our JSR under Rule 26(f) and therefore he is entitled to the extension.

    How about I do what you proposed FIRST, and cite this case that I FOUND ANOTHER DECISION that the Judge approved to STRIKE after answer was filed see Mee Indus V Dow Chem Indus. And was Affirmed that the Court has the POWER TO EXCLUDE AN IMPROPER CLAIM FOR LACK OF COMPUTATION under FCRP 37(c) specifically for failure to PRODUCE COMPUTATION in plaintiff initial disclosure under Rule 26(f), WHICH EXACTLY SAME AS WHAT YOU ORIGINALY SUGGESTED. See Case No. 08-16747, 2010 WL(NNN) NNN-NNNN(11 th Circuit ,June 15, 2010.

    And later include it to my September MSJ hearing?
    Expert:  Law Educator, Esq. replied 2 years ago.
    Sorry, I did forget about that. Forgive me. I would suggest arguing the motion to strike using that case and then if the judge denies your motion, file a motion for leave to amend the MSJ and include these arguments in your MSJ since the MSJ has not been heard yet.
    Law Educator, Esq., Attorney
    Category: Business Law
    Satisfied Customers: 91303
    Experience: All corporate law, including non-profits and charitable fraternal organizations.
    Law Educator, Esq. and 7 other Business Law Specialists are ready to help you
    Customer: replied 2 years ago.
    Hi Paul

    He ask me to tell my forensic accountant to give him a deposition!! In 14 days!!

    Question- Can one take deposition of an expert witness such as a Forensic Accountant prior to a trial?

    Or can only cross examine during the hearing?

    What is the proper way?

    Can the expert witness say that he was paid for one testimony at trial in front of a Judge and will not attend additional depositions?
    Expert:  Law Educator, Esq. replied 2 years ago.
    CA Code of Civil Procedure 2034.410 states, "On receipt of an expert witness list from a party, any other party may take the deposition of any person on the list." Thus, you would need to tell him to subpoena the expert as this is their obligation to do, not your obligation, and it is up to them to pay all costs associated with the deposition.
    Customer: replied 2 years ago.
    Thank you

    In general Do CA CCP apply in a District court procedure?

    Or one can cite them?
    Expert:  Law Educator, Esq. replied 2 years ago.
    FRCP Rule 30 allows for depositions of expert witnesses before trial, so they can depose the expert and they are still liable for payment of his deposition costs and still have to properly subpoena him.
    Customer: replied 2 years ago.
    Thank you :)
    Expert:  Law Educator, Esq. replied 2 years ago.
    Thank you.
    Customer: replied 2 years ago.
    Hi Paul,

    He filed a motion to strike my motion to strike improper demand for compensation claiming that my motion is in conterovince of Rule 12(f) that i cant bring such motion after my answer is filed, as we discussed this information was discovered recently, (as we discussed above here) , in Califonia we have a ANTI SLAPP RULE that some district courts have adopted it: which says one can't file a motion to strike a motion to strike, the

    QUESTION-IS-How do I respond what should be my FACE PAGE say.
    Expert:  Law Educator, Esq. replied 2 years ago.
    You file an objection to his motion to strike as improper is what you do. In CA, the hallmark of a SLAPP suit is that it lacks merit, and is brought with the goals of obtaining an economic advantage over a citizen party by increasing the cost of litigation to the point that the citizen party's case will be weakened or abandoned, and of deterring future litigation. See: Wilcox v. Superior Court, 27 Cal.App.4th 809, 33 Cal.Rptr.2d 446 (1994).

    At this point, you need to file the motion to dismiss his motion to strike based on the fact that he filed this compensation claim after the answer such that you could not object to it any other way than a motion to strike and if you win then you can file your anti-SLAPP claim because if you file the anti-SLAPP and it is not appropriate they can seek attorney's fees from you.
    Customer: replied 2 years ago.
    Thank you Paul you are great, because he works for the Government and I am in pro per, seems the Judge really doesn't care for what I say.
    Expert:  Law Educator, Esq. replied 2 years ago.
    I understand, but you need to create your record and then appeal if the judge rules against you.
    Customer: replied 2 years ago.
    Hi Paul,

    What is the Rule or Section code that a party must provide a copy of a deposition transcript to the deposing party for their review, corrections and final Signature prior to being able to enter it into material?
    Expert:  Law Educator, Esq. replied 2 years ago.
    It is Rule 30e
    Customer: replied 2 years ago.
    Thank you you are the best :-)
    Expert:  Law Educator, Esq. replied 2 years ago.
    Thank you.
    Customer: replied 2 years ago.
    Paul you said up here if the Judge denies my motion to strike as untimely under 12(f) TO FILE A MOTION FOR LEAVE TO AMEND MY PENDING Motion for Summary Judgment .

    QUESTION- Do I have to explain in details as to what I am amending, or just write a simple request. Stating I wish to amend my MSJ?
    Expert:  Law Educator, Esq. replied 2 years ago.
    You have to explain why you want to amend and what issue you want to included and attach a copy of your proposed amended MSJ to the motion.
    Customer: replied 2 years ago.

    QUESTION-1- So I modify the STATEMENT OF UNCONTROVERTED FACTS and add those that I need to add as following numbers correct? Corrently my SOUF
    argues 15 cells.

    QUESTION-2- Do i file any thing other than My "SEPARATE STATEMENT OF UNCONTROVERTED FACTS"?
    Expert:  Law Educator, Esq. replied 2 years ago.
    You would put that together with the whole document and refile the whole MSJ again together with your motion. You are essentially filing a whole new MSJ with the changes, so the court does not have to paste things together.
    Customer: replied 2 years ago.
    Hi Paul, Thank you,QUESTION- Can he or should anticipate that he will OPPPOSE my Request for Leave to Amend.QUESTION-Should my FACE PAGE SAY Request for Leave to AmendORMOTION for Leave to Amend
    Customer: replied 2 years ago.
    Hi Paul,

    I assume you were busy and offline I hope all is well, two follow up questions herein and hereafter

    HEREIN:- LASTLY- I don't understant if the complaint was Answered by me and the allegations alleged in the injunction was driven from alleged violation by me and yet he failed to produce computation how the court can grant him default as corporate defendant because my answers are as to me but contravenes Rule 83 to apply to the DISSOLVED corporate defendants that no longer exist to even hire an Attorney!!! In THIS CASE anyone can find bunch of dead people or non existent COMPANIES and keep getting defaults, DOESN'T MAKE SENSE!!!! How would one address such issue.
    Expert:  Law Educator, Esq. replied 2 years ago.
    1) Your request is a "Motion for Leave to Amend"

    2) This part has never made sense to you or I, since we have kept saying (your attorney as well) that they cannot collect from a company that does not exist. Honestly, you should just let the dissolved company go and let him get a judgment against a dead company with no assets.
    Customer: replied 2 years ago.
    Hi Paul,Thank you. I hope all is well.I was reading FRCP 15, it seems a party can ONE TIME Amend without Leave,and court order, and need to file a motion for leave to Amend, for any additional Amendments, did I understand correctly?why some also cite FRCP 7(a) for their summary judgment ?
    Expert:  Law Educator, Esq. replied 2 years ago.
    You can amend one time before the other party answers or within 21 days of filing it. If you fit within those criteria in FRCP 15, then you can amend without leave, but I believe from what I remember here you are going to beyond the time where you can amend without the motion for leave to amend.

    7a is just the types of pleadings allowed and most attorneys do not cite that, some do just to show that the MSJ is a type of pleading allowed by the rules
    Customer: replied 2 years ago.
    Yes I filed my MSJ in November 10, 2011,

    HOWEVER he has NOT ANSWERED yet, instead has filed three extensions to be heard now in November 13, 2012.

    Should proceed with MFL to Amend or M without leave to Amend?

    And if I do file a MFL to Amend
    Can I ask for another Leave to Amend after he Answers?
    Expert:  Law Educator, Esq. replied 2 years ago.
    You may only amend one time and if he has not answered the motion, then you can file your amended motion without leave. If he answers then you would need leave to amend if you do not amend before he answers. Once he answers then you would only be able to file a surreply (if you amended before he answered), but typically amending before he answers is normal.
    Law Educator, Esq., Attorney
    Category: Business Law
    Satisfied Customers: 91303
    Experience: All corporate law, including non-profits and charitable fraternal organizations.
    Law Educator, Esq. and 7 other Business Law Specialists are ready to help you
    Customer: replied 2 years ago.
    Thanks Paul,

    If you recall back in January of 2011, I filed a MTDismiss 12(b), argued Statute of limitation under 306, he filed his Answers 14 days before the hearing and taken that he represents the Gov. The court allowed his late answer though he needed to serve no later than [21 days prior,] Cited and sided with his Answer; that Statute of Limitation under SEA Act 78(j) citing (Supreme Court in 1945 Gov V. summerline decided that the Gov. Has unlimited time)

    This was my FIRST question from you:
    You caught his misrepresentation and told me that Summerline case had nothing to do with Statute of Limitation, and [doesn't] porpotute that Statute of Limitation doesn't apply to the Government.

    Now he keep saying that because the court denied my Statute of Limitation 12(b) motion on that argument: I [cannot relitigate] SOL in my MSJ Rule 56.

    Question:
    IN RESPOND TO HIS CONSTANT ASSERTION THAT I CANNOT BRING UP THE [SOL ] Because it was already denied I CANNOT Re-litigate Statute of Limitation in my MSJ, what should I Respond? -

    KNOWING HE WILL TRY TO SAY THIS: In my Separate Statement of Fact, This is what I wrote:
    YES I filed a 12(b) and yes the court denied my motion (statute of limitation under 306,). HOWEVER the court accepted Plaintiff's answer in Good Faith and assumed its True, that as per decision in 1945 summerline the Gov. Has PASS and unlimited time to sue, siding with plaintiff on those arguments, [whereas] I had the right to receive the responses 21 days prior to hearing and given the chance to research and respond as to it's Truthiness, before the court Ruled without a hearing.

    As such because I didn't get a chance to reply before decision was rendered the Act of Congress and Amendmend of law to SEA 15 USC 78cc(b) that clearly limits the time SOL to file suit for those who claim Fraud or misrepresentations is 2 years MAXIMUM 3 years. REMAINED CONCEALED to the court and therefore was never heard by the court.

    Furthermore, Plaintiff knew about the defendants in July of 2007, IF TRULY defendants was under his enforcement Juristiction, and IF TRULY our material was Fradulent or misrepresentation THEN WHY HE NEVER COMMUNICATED OR INITIATED Suit when defendants were in Business, and suddenly after 4 years since the owner closed the Company and dissolved them through a Chapter 7 Trustee he showed up and make claims in millions with no computation where there is no one to defend the case, PROVES he did this to show productivity for year end reports. scoring easy judgment.

    Question:
    IN RESPOND TO HIS CONSTANT ASSERTION THAT I CANNOT BRING UP THE [SOL ] again Because I CANNOT Re-litigate Statute of Limitation in my MSJ, what should I Respond? -



    Customer: replied 2 years ago.
    Paul,

    In addition to the issue below here,on SOL As defendant,US Citizen, or Tax payer or under freedom of information Act, can I Subpoena him to produce how much he has spent on behalf of his Agency (wasted) to sue us? A group non existence which 5 years ago was bankrupt in a chapter 7 bk?

    I think We need start questioning these wastes, our county and judicial system is suffering.
    Expert:  Law Educator, Esq. replied 2 years ago.
    If the issue on the SOL was litigated, he is right it cannot be relitigated in the MSJ, it would be an issue reserved for your appeal if it comes to an appeal.

    You can submit a freedom of information request demanding production of the cost analysis for this litigation and if they refuse to produce it then you can complain to the attorney general's office who enforces FOIA requests.
    Customer: replied 2 years ago.
    Thanks Paul,

    Ok, but doesnt 15(h) says one can bring an issue Discovered that was concealed before, the issue can even be brought back even after the trial.

    2- As you caught this in May 2011, the court decision was based on his falsehood answer and misleading citation where he claimed SOL doesn't apply to him, yet indeed it does by the Act of Congress Amendment of Law 78cc(b) which I was never given the chance to respond because he didn't serve me 21 days prior the hearing as required by Rule 7-9?

    3- Supreme Court Ruled that Act of Congress specially on statute of limits and are Not for Court to interpret or override?

    4- can I rephrase it that the argument is that this entire action is Barred by the Act of Congress and cite its detailes in my conclusion rather than as a SOL?

    5- On cost should I use the standard federal subpoena form, or even for productions of document do I must use the standard federal subpoena form, or just making demand on legal form documents like those that I use for my motions is sufficient?

    Expert:  Law Educator, Esq. replied 2 years ago.
    Yes, if you prove intentional fraud/concealment, you can bring it up again. If that is what your evidence shows then this is grounds to raise the SOL issue again and have it reviewed based on the fraud of the other party. Fraud is always grounds to ask the court to look at an issue again that they have already ruled upon. Thus, you can argue it again and provide the proof of the fraud with your arguments that had the fraud not occurred then the SOL would have applied barring the action.

    You should use a production of documents if it is seeking information from a party in the suit. The subpoena is used to obtain information from the non-party.
    Customer: replied 2 years ago.
    Thank you this is great

    Can you please cite me the Rule or doctrine on Falsehood misleading misrepresentations or Fraud if any?

    Preferebly can I use other words I mentioned herein Rather than Fraud?
    Expert:  Law Educator, Esq. replied 2 years ago.
    There is no real doctrine on it, the person either did or did not make a material misrepresentation to the court and if it was intentional then it was fraud upon the court. Here, representing he was representing the government was a material misrepresentation and if you can show he knew he was not then it is fraudulent representation.
    Customer: replied 2 years ago.
    Thank you you are genuise

    Of course any Attorney knows there is a Statute of limitation for every thing but Murder, and to try to trick the Court [citing a 65 years] old decision that it doesn't apply to them it's a material misrepresentation especially that YOU WERE FIRST TO COUGHT IT THAT Supreme Court decision in Summerline had nothing to do with SOL. Common sense right?
    Expert:  Law Educator, Esq. replied 2 years ago.
    Yes, it is a misrepresentation and you would explain that in your MSJ as grounds to relitigate the SOL issue.
    Customer: replied 2 years ago.
    Thank you you are the best counsel that I have worked with
    Expert:  Law Educator, Esq. replied 2 years ago.
    Thank you very much. Do not forget to leave some excellent service feedback.
    Customer: replied 2 years ago.
    You are very welcome.
    I have each time rated excellent, one latest just last night before I submitted my follow ups I am on it. YOU ARE Execellent in my book. Always
    Expert:  Law Educator, Esq. replied 2 years ago.
    Thank you very much.
    Customer: replied 2 years ago.
    Hi Paul,

    He did NOT RESPOND to my RFA set "one", instead made objections, one excuse after another, stating that he primarily objects because my RFA relates to the Company, yet his entire injunction is alleging that "I", as the owner let the company violated codes under their juristiction.

    whereas my RFA is trying to establish that these alleged violations are bunch of baseless allegations because the entire industry operates exactly the same way, and do not fall under this agencies juristiction, BOTTOM-LINE TRYING TO DODGE THIS BY CLAIMING THAT RULE 83 doesn't allow me to ask anything about an entity.

    QUESTION-1-Well, HOW ELSE CAN I ESTABLISH THAT?

    On the RFP Rule 34, after 6 months him playing games, he send me a CD containing selective materials, he wished to produced, also asserting they are objecting to some of my requests because it's Attorney work. THAT IS ALSO BLONY BRCAUSE I SERVED HIM WITH CALIFORNIA STANDARD Request for Productions form Rule 34, I didn't Add nada to it.

    Issue: Rule 34 says he must provide all originals for inspections and examination and then copying from those.

    He knows that if I file a motion to compel it will take 30 days, and I'll never get to see everything in time and be able to incorporate them in support of my Motion for Summary Judgment!

    Q-2- what would you do! When treated like this?

    Q-3- What are my options, i.e. can I file an [exparte hearing] to ask for an order to compel plaintiff to reply or produce document, or is there an "option" to file [an expeditious motion to compel,] rather than waiting another 30 days?
    Expert:  Law Educator, Esq. replied 2 years ago.
    1) You have to file a motion to compel and get the court to rule on whether or not he has to answer them and that is the proper next legal step.

    2) You ask for a continuance to file the MSJ based on his discovery violations and pending your motion to compel, that is all you can do in this type of case.

    3) No, just file the motion to compel together with a motion to extend time to file your MSJ based on his discovery violations.
    Customer: replied 2 years ago.
    Ok thanks,

    He just emailed that I have no basis for a motion to compel, because he send me a CD, containing images of material:

    Q-1- Shouldn't he need to produce under 34 all originals at a time and place for inspections and examination and copying?

    He says that because he works for the Goverment I am not entitle to see everything:

    Q-2- Besides shouldn't he provide an inventory and a list of items he is asserting as privileged or attorney work?

    Q-3- California Rule 34 includes FOIA freedom of information act when one is dealing with a Government entity because they always pull that they don't like to produce certain materials asserting as privileged?

    Q-4-why I don't have basis for a MTC whereas the CD alone doesn't comply with Rule 34, nor he provides list of inventory and chain of custody?

    What you think?
    Expert:  Law Educator, Esq. replied 2 years ago.
    1) Not if he provided you copies of the documents. If he gave you the copies that is all he had to provide.

    2) He has to provide a privilege log with what document he is claiming privileged and the grounds for the privilege.

    3) You have a right to the material and if it is FOIA material they cannot claim privilege over it.

    4) Again the rules of discovery say that if he provided you copies of documents in response to your request, then he has complied with your request. You have the documents and it is up to you to now go through them to see if anything you asked for is missing.
    Customer: replied 2 years ago.
    Ok Thanks,

    Even if it's a CD and not actual documents it's the same?

    So just to educate my self:

    why the Rule says at a time and place must produce all originals for party's [inspection and examination] including "category" of each claim?

    As an example:
    He alleged in his injunction we had eighty (80) unhappy customers, yet at the time we closed the Company we had (7) seven customers, only 2 unhappy, all other customers Signed a receipt and voluntary 100% satisfaction survey at the conclusions of receiving their orders.

    As such I have been asking where is the support of your allegation that we had 80 clients! He lied to make the case look more beef, was counting its fours years no one is around and he'll get a slam dunk default, NEVER THOUGHT I'LL contest.

    Still NO such evidence (QUESTIO- are these enough for my MTC?)

    Last question- what do you mean IF THEY ARE FOIA information? What's the difference?
    Expert:  Law Educator, Esq. replied 2 years ago.
    The CD is considered copies of the documents like he would have put them on the copy machine and made copies for. It is request for "Production, inspection examination" so he produced them to you. If he produced them to you then you can inspect what he produced and examine what he produced.

    If he could not prove 80 customers then you use the documents to show there were not 80 complaints.

    If the information is public record under FOIA, then you can make a written request for the information under FOIA and then they would have to produce the information or a reason why they don't have to produce it under FOIA.
    Law Educator, Esq., Attorney
    Category: Business Law
    Satisfied Customers: 91303
    Experience: All corporate law, including non-profits and charitable fraternal organizations.
    Law Educator, Esq. and 7 other Business Law Specialists are ready to help you
    Customer: replied 2 years ago.
    Hi Paul,

    Though the Plaintiff made NO objection the without hearing an oral argument the Judge denied my motion for Leave to Amend my motion for summary Judgment , despite that I pleaded that I have come to possession of new evidence and Ita my right to introduce those evidence.

    I am preparing a Motion for Reconsideration, or should I file an appeal with a panel?

    I don't think he likes me, or just sides with these Government Agencies because I don't understand what harm could have this caused to the court , when plaintiff made NO objections.
    Expert:  Law Educator, Esq. replied 2 years ago.
    You should seek the reconsideration first as it gives you another bite at the apple. Thus, file the reconsideration and then if you lose that you have the right to proceed to the panel on an appeal.
    Customer: replied 2 years ago.
    Hi Paul,

    Do the Judges read all the motions or their clerks read and prepair the outcomes?

    From the orders seems that the Judges clerk, is doing the work, because it seems that they do NOT read my motions and every ruling so far its based on the responses the Plaintiff (who represents the government) writs.

    As an example: my Motion for Leave to Amend my MSJ Judgment was 9 pages.

    The order which is 4 lines, says:
    According to the Plaintiff the motion is revisitng argued motions!!!

    WHAT!!! are they serious? thats absolutly FALSE.

    My motion for leave was seeking permission to introduce new evidence.

    I have NO clue where or how the court made such ruling.

    Seems to me the court did NOT read my motion at all, because there is NO discussions as to my argument either.

    every ruling its like this two to 5 lines NO discussions, like chop chop, I know I proper but this is NOT normal.

    Is it?
    Expert:  Law Educator, Esq. replied 2 years ago.
    Many judges do not read many of the motions sent to them or they will read them and then have their clerk draft the response to the motion from the court. There really is nothing you can do about that, it is the system. You need to realize you are dealing with one case and one motion at a time, the court is dealing with hundreds of them and if they did not go "chop chop" they would never ever finish any cases and it would take you 10 years to get your case heard. Sadly this IS normal.

    Unfortunately, while this service can point customers in the direction they need to go, we cannot actually review their cases and review or write their legal documents for them. Thus, we do not know what people write in their motions and sometimes it may be just how the motion was written and writing motions is an art that takes many attorneys years to figure out.

    Your next chance here is filing an appeal to the court of appeals.
    Customer: replied 2 years ago.
    Thank you, XXXXX XXXXX instructed I found one of the best and successful motions in the library, I just changed the filer.

    As you said I know that the clerk is a a very young lady (23) started about 6 months ago and thinks because the guy represents the Gov is the good guy and telling the truth or is smart looking for a carrier by making them happy.

    I filed a Motion for Reconsideration as you suggested, it's set for Sept 10, 2012. AND ASKED TO BE ALLOWED FOR A Hearing. Because for almost 2 years there has not been a single hearing all motions are made in chamber days before the hearing.

    I Dont even know how the Judge looks like.

    THE MOTION I CHOSE AND FILED WAS VERY STRAIGHT FORWAR REQUESTED FOR PERMISSION TO INTRODUCE NEW EVIDENCE the order however it's 180^ degrees said something that it was NOT even in the MOTION.!!!!

    Ok, NOW IF ON SEPTEMBER 10 they still play games I must file an Appeal with the 9th circuit or an Appeal panel in the same district.?


    Expert:  Law Educator, Esq. replied 2 years ago.
    If you are denied in your hearing in September, you would file to the appeals court in your district that you are in. Since this is a state court case, it goes to the state appeals court not the 9th Circuit, which is the federal appeals court.
    Customer: replied 2 years ago.
    It is in the US District Court Central Disteict of California
    Expert:  Law Educator, Esq. replied 2 years ago.
    I am so sorry, I have so many customers in so many different courts I get confused. Please accept my apology. If you are in the US District Court, your appeal is to the 9th Circuit.
    Customer: replied 2 years ago.
    No Worries, I know that no need to apologies.

    The 9th circuit is in San Fransicco however there is a Appellatte PANEL court in PASADENA.
    - Which one should I or I must file my Appeals to?

    --On these type of motions Do I need to fly to San Francisco for an actual hearing or they decide on their own?

    --Do they accept Pro Se Appeals?
    Expert:  Law Educator, Esq. replied 2 years ago.
    You file it with the 9th Circuit court and they will assign it based on the location. They do take pro se appeals. It is the clerk of court that assigns the appeals based on the location of the parties filing. Whether or not you get a hearing is at the discretion of the court and they can go solely off of the appeals memorandum and hold no hearings.
    Customer: replied 2 years ago.
    Thank you Paul
    Expert:  Law Educator, Esq. replied 2 years ago.
    You are welcome.
    Customer: replied 2 years ago.
    You are welcome,

    In 2009 he took my deposition and my Wife's deposition then on that basis he filed his law suite.

    I changed him to send us a Copy he said that he has NO Budget, I challenged his allegation based on deposition under 30(e) that I never reviewed his deposition.

    Today he send me an email asking for a date to take another deposition.

    Can he ?
    Can I say first I need to receive all his production before I agree?
    Since the Companies closed in 2008 questions and answers are the same I do not agree?
    And anymore examition shall be at the trial?
    I am seek and tired of his games.
    Expert:  Law Educator, Esq. replied 2 years ago.
    If you have already been deposed, you can object to the new deposition on that basis. You need to file your objection in the court. Also, you can file your motion to compel his production of the documents he has refused to supply. Also, under the federal rules of procedure Rule 30. "Pursuant to subdivision (f)(2), as under the prior rule, any other party is entitled to secure a copy of the deposition from the officer designated to take the deposition; accordingly, unless ordered or agreed, the officer must retain a copy of the recording or the stenographic notes." Thus, you had a right to obtain a copy of your depositions not from him, but from the person who took the deposition, the court reporter and you would have to pay for the copy.
    Customer: replied 2 years ago.
    Thanks Paul,

    Also he drafted our Joint Status conference and it the JSR he filed there is NOTHING he requested or was Agreed about any new deposition. Isn't his move also controdicts the JSR?
    Expert:  Law Educator, Esq. replied 2 years ago.
    You can object on the basis of that as well.
    Customer: replied 2 years ago.
    Thank you Paul,

    Knowing that 90% the Court as usual will deny my objection and sides with him (Representing an independent regulatory agency oh the Fed Gov.)

    Afterwards I file a motion for reconsideration and deny again.

    Can I file with Appeal court?

    What is the Fed Rul Civ Pro that I can object under?
    Expert:  Law Educator, Esq. replied 2 years ago.
    You still need to raise your objections in the court to preserve them for your appeal. There is no rule to object to this one, it is that he is asking for something that was not agreed upon in your status agreement and Rule 30 governing depositions and you already gave one.
    Customer: replied 2 years ago.
    Yes I know
    First objection
    If denied
    Motion for Reconsideration
    If denied
    I filed an Appeal with the 9th circuit
    Correct?
    Expert:  Law Educator, Esq. replied 2 years ago.
    Right, you have the order correct.
    Customer: replied 2 years ago.
    He just send me an email, trying to bulling me,

    He says if I dont agree he will seek court orfer bla bla, threatning as usual.
    I responded that I will submit my response by tomorrow or monday.
    to end his harassing emails.

    should I go ahead and file the objection to his request and set up a hearing
    Expert:  Law Educator, Esq. replied 2 years ago.
    You should file your objection and get the hearing set up and in your objection you need to argue how no new information will be gained as he already deposed you and there is nothing new to be discovered in another deposition. Also, you would argue that if the court does allow another deposition they should issue a protective order restricting the deposition to only new information or any changes that have occurred since the taking of the last deposition and you argue that the deposition is being sought now just to annoy, embarrass or harass you and not reasonably calculated to lead to the discovery of any new admissible evidence.
    Customer: replied 2 years ago.
    Great Thank you,

    IF I argue for protective order as to new questions, and the court rules as such.

    can I still file a motion for reconsideration?

    the point is that I do NOT want to even go through his shenanigans ,he is doing this because I caught him .

    Or maybe I make a general objection, and leave this argument for the Appeal?

    Expert:  Law Educator, Esq. replied 2 years ago.
    Yes, you could still ask for reconsideration to stop the deposition completely or you could indeed leave out the protective order out and if the court rules against your objection, then file the second motion and ask for a protective order since they did not rule in your favor to disallow the deposition.
    Customer: replied 2 years ago.
    Great Thank you
    Expert:  Law Educator, Esq. replied 2 years ago.
    You are welcome.
    Customer: replied 2 years ago.

    Hi Paul,


    I found this in the library, can you please read it and see if its a correct citation and will it be in my benefit that I need to use in my Objection and motion for protective order


     


    Vincent & Vincent, Inc., v. Spacek establishes the necessary good cause. Vincent & Vincent,Inc., v. Spacek, 102 Wis.2d 266, 306 N.W.2d 85 (Ct. App. 1981). In that case, plaintiff servedinterrogatories and the defendant requested a protective order which the trial court denied, concluding that the defendant had "deliberately made the requested information relativelyinaccessible to parties seeking discovery." Id.at 270. The court of appeals reversed and stated thatthe trial court had "abused its discretion in ordering the discovery . . . ." Id. at 269. Wisconsin Stat.§ 804.01(3) provides authorization for a trial court to issue a protective order to "protect a party fromdiscovery that would result in annoyance, embarrassment, oppression, or undue burden or expense. The burden of establishing good cause for the protective order is upon the party seeking the protective order." Vincent, 102 Wis.2d at 271-72.

    Expert:  Law Educator, Esq. replied 2 years ago.
    The problem is you are in CA and in federal court, so a WI court citation is not precedent and should not be cited. You need a federal court case from the 9th Cir, the US District Court in CA or the US Supreme Court as primary precedent and any US Court of Appeals as a secondary precedent if you cannot find anything within the 9th Cir or CA USDC or Supreme Court.
    Customer: replied 2 years ago.

    Ok I try to find one but couldnt


     


    HOWEVER, is this THE RIGHT one I mean the decision in general?


     


    I just want to know if I understand the lnguage and do NOT cite something that might befits them.

    Expert:  Law Educator, Esq. replied 2 years ago.
    The decision in general about a protective order being for the purpose of protecting you from disclosure that is for no purpose other than to embarrass, annoy or harass etc, is correct and in your favor, but you need it from the proper courts.
    Customer: replied 2 years ago.

    Thank you Yes Sir, will do, I ll run it by you before I cite it.

    Customer: replied 2 years ago.

    By the way because the court wants parties to first hold conferences to resolve any discoveries disputes I wrote the following, which I ll want to use as basis for my motion too, please see if you like it:


     


    In respond to your email dated August 16, 2012, hereby “I” as the defendant submitting our [objection] to your request to conduct duplicative and cumulative depositions, and since your request for a duplicate deposition follows Rule 26 and Rule 33 in this matter, pursuant to local Rule 7-6 I am “attempting” to resolve this matter through having a formal conference with you to make sure parties do all efforts to address the matter, before [wasting] Courts resources as follows.


     



    • As stated within the “Injunctive Relief for permanent injunction” and as per your declaration filed in December of 2010, confirms that you concluded your action based on your [discoveries and depositions] that you concluded in June of 2009. (please see your email on docket).


     



    • The entities in question and the entire block of defendants or even relief defendant Business relating to your complaint was closed in April of 2008, as such questions and answers are the same, therefore no new information will be gained as you already deposed us and there is nothing new to be discovered in another deposition.


     


    As such your request for second deposition is improper and burdensome, to create inconsistencies, (i.e. Any demand for duplicative and cumulative depositions on allegations, which may have occurred “several years” earlier it is an attempt against all legal statutes because memories changes or fades away, such action or demand it’s an improper scheme for entrapping the party or to create inconsistencies, confusion etc.).


     


    Under the federal rules of procedure Rule 30 "Pursuant to subdivision” (f)(2), as under the prior rule, any other party is entitled to secure a copy of the deposition from the designated party to take the deposition; accordingly, a copy of the first deposition in 2009 was never produced by you for our review and corrections, prior to it was used as basis for your “Injunctive Relief” that was filed on December of 2012.


     


     


    Your request for duplicative and cumulative depositions contravenesFRCP Rule 26(b)(2)(i), the [second] deposition sought is unreasonably cumulative and duplicative, and is obtainable from other source that is more convenient, less burdensome, or less expensive; (ii) “YOU” the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought “since 2008”;(iii) the burden or the expense of the proposed duplicative and cumulative depositions outweighs its likely benefit, taking into the account the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues was “Produced and deposed between 2008 and 2009”.


     


    Your request for duplicative and cumulative for 2nd depositions contravenes Fed. R. Civ. P. 26(a)(3), pursuant to our “Three” (“3”) months long Joint Status conference, and the Status report that you prepared NO such duplicate deposition was mentioned nor was agreed upon. Furthermore your request to continue defendant’s MSJ to pursue JSR conference under Rule 26 neither requests nor was the reason for “Plaintiff” to adduce for a 2nd deposition, NEED to emphasize that your initial disclosure doesn’t contain a list of any deposition testimony demand (by page and lines) pertaining a 2nd depositions.


     


    Your request for duplicative and cumulative for 2nd depositions contravenesFRCP Rule 26(b)(2)(i), since the taking of the last deposition in 2009 the request for a “Second” deposition is being sought now to annoy, embarrass or harass, and not reasonably calculated to lead to the discovery of any new admissible evidence, as such is improper.


     


    Now it is realized that when questioning a “Debtor” under the [protection] of 11 U.S.C. § 362(a); Under 11 U.S.C. § 702, within the “Deadline” under 11 U.S.C. §§ 502(b)(9), a [“Propounding Government unit or Agency”] under Sec.1102(b)(3) (2005) requires to enter into an stipulation and [obtain] courts approval to access a “debtor” information or conduct depositions, As such NO such process was sought by you, and because under 362 the U.S. Bankruptcy Court retains jurisdiction forever, “I” as the former officer of the defendant [cannot] and should have NOT gave any depositions what so ever, prior to have met all legal requirements and satisfied the alternate court legal custodian.


     


    Your request for duplicative and cumulative depositions for second depositions is being sought now to annoy, embarrass or harass, and not reasonably calculated to lead to the discovery of any new admissible evidence, and therefore its in improper.


     


    As I mentioned this letter is to resolve and address the objection to [avoid] wasting the courts resources, “IF” you feel “defendant’s” objection is unfounded, I have prepared a “Motion” [Objection to Plaintiff’s demand for Duplicate depositions and request for protective order] “avail hearing date October 1, 2012 (NOT yet filed pending to hear your response) FURTHER need to inform you that “IF” we disagree and the trial court disagrees with defendant’s motion for [protective order,] defendant shall seek an appeal in the 9th Circuit court of appeal. (See Cal. Statute for protective order and 9th circuit Instruction Memoranda on duplicative and cumulative depositions).

    Expert:  Law Educator, Esq. replied 2 years ago.
    Very well said to them and this would satisfy your "good faith" effort to resolve the matter without the court.
    Customer: replied 2 years ago.
    Thank you Paul,

    Well I hope so, what I noticed that they operate like laws don't apply to them and unfortunately I noticed that the Trial courts constantly sides with them.
    Expert:  Law Educator, Esq. replied 2 years ago.
    They just think they can run over pro se parties is what happens.
    Customer: replied 2 years ago.
    That is also veryTrue

    I have built a solid argument in MSJ that I believe once I appeal these rulings to the 9th circuit and hire a counsel to just argue the uncontroverted facts, such as them and trial court ignoring the stay under ss362(a)(1), the permenant bk discharge injunction, under ss 524 and the Statute of limitation set by the US Congress Act 78ccc(b) affirmed and upheld in many cases by the 9th circuit.

    I doubt it the 9th circuit will ignore these laws, will day?
    Expert:  Law Educator, Esq. replied 2 years ago.
    The 9th Circuit is one of the wackiest and most unpredictable circuits in the country, but they are generally more favorable to the citizens than the government. However, suffice that comment to say that there is no way to really predict what the 9th Circuit will do as compared to the other circuits.
    Customer: replied 2 years ago.
    HI PAUL I Found the following in Federal cases and 9th circuit, can you tell me which one suits my argument above here to cite in support thereof:

    Several federal cases are closer on point, and Schotthofer v. Hagstrom Construction Co. seems to set the standard. Schotthofer v. Hagstrom Construction Co., 23 F.R.D. 666 (S.D. Ill. 1958). Although in that case the objection to interrogatories was overruled the court's ruling is quite helpful.

    Plaintiff presented a "blanket objection" to all interrogatories on the ground that "they substantially duplicate matters into which defendant inquired upon a previous examination of plaintiff by deposition. [Plaintiff submitted to a deposition and alleges] . . . that the subject matter of these written interrogatories is substantially the same matter which was covered in said deposition examination; and that, therefore, the interrogatories operate to the annoyance of, and unnecessary expense to plaintiff contrary to the provisions of [the federal rules] . . . . " Id. at 667.

    Additionally the court stated, "[a]lthough Rule 33 expressly provides that the deposition procedure and procedure upon written interrogatories may be successively employed in a proper case to require an adverse party to disgorge all relevant facts within his knowledge, the device of using the two procedures successively should be carefully scrutinized by the Court. Such use of the two procedures may too easily become an instrument for oppression. When, as in this case, a party has submitted to the taking of his deposition at the request of his opponent and thereafter he is served with written interrogatories by the same opponent, to the extent that the interrogatories make inquiry into the same particulars covered in the prior deposition the use of interrogatories is an abuse of the discovery procedure and is oppressive within the meaning of [the Federal Rules]." Id. at 667-68.

    "Furthermore, while written interrogatories may, under the literal language of Rule 33 be co- extensive with interrogatories by deposition under Rule 26, one practical distinction between the two devices should be observed. Written interrogatories are most valuable as a device to compel admissions and the disclosure of major factual matters not concerned with details; the deposition is the device best suited to compel disclosure of detailed information. Voluminous interrogatories requiring written answers involving minute factual details may be unreasonable and impose an undue burden upon the party to whom they are addressed. The weight of the tendency to burden and oppress is enhanced where the interrogatory procedure follows use of the deposition procedure under Rule 26." Id. at 668.

    Eventually the court overruled the objection because "

    laintiff's objection in this case is not sufficiently particularized to advise the Court to what extent the interrogatories propounded to him are a duplication of matters previously covered in the taking of his deposition. The fact of the deposition proceeding alone does not justify a blanket objection to all written interrogatories. And while I believe that the voluminous interrogatories here propounded are unnecessarily detailed in their content, the peculiar facts of the case do not permit the objection to be sustained on that basis. The complaint states a claim based upon a large number of separate but related demands, and some detail in posing interrogatories is probably inevitable under the circumstances." Id.

    Schotthofer was discussed in Richlin v. Sigma Design West, Ltd. where the district court upheld the Magistrate's decision "in not compelling the plaintiffs to answer numerous boilerplate variety interrogatories which are well demonstrated to be substantially duplicative of information already discovered . . . ." Richlin v. Sigma Design West, Ltd., 88 F.R.D. 634, 637, 31 Fed.R.Serv.2d 698 (E.D. Cal. 1980).

    In Richlin, plaintiffs were deposed over three days with transcripts exceeding three hundred pages. Subsequently, defendants served interrogatories upon the plaintiffs which were objected to. The defendants filed a motion to compel, and plaintiffs responded and supplemented their opposition with a "deposition interrogatory comparison" which provided a synopsis of the deposition testimony, including page and line numbers, as it related to each interrogatory. Id. at 636.

    The court began its analysis by stating that "the various methods of discovery as provided for in the Rules are clearly intended to be cumulative, as opposed to alternative or mutually exclusive." Id. at 637. The court then looked at the various discovery methods and the advantages of each. "As to the respective advantages of interrogatories and depositions and thus their appropriate usages, Wright and Miller advise as follows: The obvious advantage of interrogatories over a deposition is that they are much less expensive. There is not significant expense for the party sending the interrogatories except for the time spent in preparing the questions. In addition, interrogatories are a much simpler device. There are none of the details that must be taken care of in arranging for a deposition, such as obtaining a court reporter and fixing the time and place for the examination. On the other hand, depositions are preferable if a searching interrogation of the other party is desired. At a deposition the examining party has great flexibility and can frame his questions on the basis of answers to previous questions. Moreover, the party being examined does not have the opportunity to study the questions in advance and to consult with his attorney before answering, as he does if interrogatories are used. Attempts at evasion, which might be met by a persistent oral examination, cannot be easily dealt with by interrogatories." Id.

    The court discussed how this case differed from Schotthofer. "In Schotthofer, the court refused to sustain the objection of the litigant on the ground that it was not sufficiently particularized to advise the court of the extent to which the interrogatories propounded him were a duplication of those matters previously covered during the course of his deposition. The objections of the plaintiffs at bar, however, (as carefully augmented by their supplemental opposition to the defendants' motion to compel) stand in stark contrast to those depicted in Schotthofer. Herein, the plaintiffs have diligently undertaken to compare each and every interrogatory propounded to them with the relevant portions of the transcripts of their prior deposition testimony. The objections are therefore sufficiently particularized to advise this Court of the extent of the duplication at issue." Id. at 639.

    The court then addressed several cases relied upon by the parties. "In attempting to reconcile these seemingly, at first blush, irreconcilable cases, the following becomes clear: while Taylor, [(objection to only five interrogatories)], B. & S. Drilling, Hornung and Anderson [(failure to demonstrate undue burden)], impose an additional requirement to the effect that the objecting party must demonstrate that "hardship or injustice" will result if he/she is forced to duplicate prior answers, the interrogatories at issue in those cases do not appear to be particularly voluminous, nor do they appear to be requiring of minute factual detail. On the other hand, Schotthofer, Kensington, [(the court had to sift through many pages)], Kainz [(interrogatories were not repetitious because as they covered an additional period of time)], and Krantz [(1500 interrogatories requiring minute details)], stand for, at the minimum, the proposition that when voluminous and all-inclusive interrogatories are demonstrated with particularity to be substantially duplicative of material already within the proponent's grasp, the objector's burden of demonstrating that they are annoying, vexatious or oppressive beyond the limits of justice is discharged." Id. at 639-40.

    The Richlin court upheld the Magistrate's ruling stating that "the decision appears to be consistent with the case law from other jurisdictions, and does not contravene any controlling precedent within the Ninth Circuit. Moreover, as a general principle it is incumbent upon a court to balance the burden on the interrogated party against the benefit which would inure to the interrogator in making a determination whether a given set of interrogatories are so broad and all inclusive as to be overly burdensome." Id. at 640.

    A few other federal cases may offer some support: Spector Freight Systems v. The Home Identity Company, 58 F.R.D. 162 (N.D. Ill. 1973) (granting a protective order when all of the interrogatories seek information which is already to the defendant when defendant had previously taken depositions and audited plaintiff's claims and records); Banana Distributors v. United Fruit Company, 19 F.R.D. 493 (S.D. N.Y. 1956) (defendants may not have to answer interrogatories which are unduly oppressive or may duplicate volumes of work); David J. Frank Landscape Contracting v. La Rosa Landscape, 199 F.R.D. 314 (E.D. Wis. 2001) (no entitlement to protective order when parties have not shown good cause or even provided a reason why they are requesting a protective order).

    Please tell me which one suits my argument.
    Thank you



    Expert:  Law Educator, Esq. replied 2 years ago.
    Out if all of that Richlin was the best because it discusses seeking to obtain duplicative information, which is your undue burden, oppressiveness, annoy or harass that is grounds to deny discovery or grant a protective order.
    Law Educator, Esq., Attorney
    Category: Business Law
    Satisfied Customers: 91303
    Experience: All corporate law, including non-profits and charitable fraternal organizations.
    Law Educator, Esq. and 7 other Business Law Specialists are ready to help you
    Customer: replied 2 years ago.
    Hi Peter

    What is the Rule to Amend a Motion for summary Judgment with NEW Evidence?
    Expert:  Law Educator, Esq. replied 2 years ago.
    It is Rule 15 of the F.R.C.P, that says the court shall liberally grant leave to amend.
    Customer: replied 2 years ago.
    Why he filed a response to my Motion for Reconsideration and claims Rule 15 is NOT for to Amend a MSJ?
    Expert:  Law Educator, Esq. replied 2 years ago.
    Rule 59(e) is to amend judgments and Rule 15 is to amend pleadings in a case. If you are seeking to amend an order or judgment, then 59(e) applies. If you are seeking to amend a pleading 15 applies.
    Customer: replied 2 years ago.
    This GUY is doing all these to conffuse the Court because he knows they read his and as you said do NOT care for Pro Se litigants

    I am seeking to AMEND my pleading NOT an ORDER
    Expert:  Law Educator, Esq. replied 2 years ago.
    I do not know why he is making these arguments other than trying to frustrate you by paperwork to death.
    Customer: replied 2 years ago.

    He claims in his reply to my motion that a Motion for summary Judgment is NOT a pleading?


     


    how did he come up with this argument?


     


    Its a "Motion" isnt it as such is a pleading?

    Expert:  Law Educator, Esq. replied 2 years ago.
    A motion is a pleading yes. According to Black's Law Dictionary,
    "Any legal document filed in a lawsuit, including the complaint, petition, answer, demurrer, motion, declaration, and memorandum of points and authorities (written argument citing precedents and statutes)."
    Customer: replied 2 years ago.

    Then why he says defendants Motion for a summary Judgment is NOT a pleading?

    Expert:  Law Educator, Esq. replied 2 years ago.
    As we have discussed, I do not understand why this guy is doing most of the stuff he is doing. I do not know why he is saying what he is saying or filing what he is filing any more than you do.
    Customer: replied 2 years ago.

    Thank you, XXXXX XXXXX this following ORDER in adition to Richi please let me know if its proper to cite this:


    "Given the preference for liberal discoveries under the rule, the burden is on the party seeking Rule 26(c) protective order to establish good cause and to show necessity of its issuance (See In Terra Int’l Inc., 134 F.3d302, 306 (5th Cir. 1998): Federal Trade commission V U.S. Grant Resources, LLC 2004 WL. 14444951, at *7(E.D. L.a. 2004)


     


    Because IN THIS CASE in 2004 at the end the Judge denied the Government on this motion asserting privilege work


     


    Is this above language referring to a cause that a good cause exist or referring that a good cause must exist?


     


     

    Expert:  Law Educator, Esq. replied 2 years ago.
    It is saying that you have to prove that you have good cause and there is a reason for the protective order. It says your cause must be good cause and necessary.
    Customer: replied 2 years ago.

    SO I better just cite Richi that you said you liked most?


    Because the Judge finished by saying exactly and citing: See Federal Trade commission V U.S. Grant Resources, LLC 2004 WL. 14444951, at *7(E.D. L.a. 2004) GOOD Cause exist


     


    I am NOT sure should I cite it or not?

    Expert:  Law Educator, Esq. replied 2 years ago.
    You can still cite it, but you have to show how your cause specifically is good cause that the court said was required and necessary. Just because the case held that good cause in that particular case did not exist, that is not why you are citing the case, you are citing it for the statement you typed above and then you have to say my good cause is x and as such the protective order is necessary because of....
    Customer: replied 2 years ago.

    got it thanks


    You saw the causes on friday above here that you liked, I am using the same exact in my motion, should I add more?

    Expert:  Law Educator, Esq. replied 2 years ago.
    No, you just have to explain how those are indeed good cause. If you have more reasons that are good cause, throw all of them in there because the more reasons you have the more likely the court will find at least one of them good cause.
    Customer: replied 2 years ago.


    Thank you


     


    The above are all I could think of

    Expert:  Law Educator, Esq. replied 2 years ago.
    Then that is all you put in your motion. Thank you.
    Customer: replied 2 years ago.

    Thank you very much

    Expert:  Law Educator, Esq. replied 2 years ago.
    You are welcome.
    Customer: replied 2 years ago.
    HI PAUL,

    HE NOW INSTEAD wants to depose 2 of the companies former customers at their Home town, by subpoena.

    Can he dpose a former client after 4 years?
    Can he depose without me being present to crossexamine?
    How can I object?

    My concern is that they either by intimidation or false promisse make insincere responses?
    Expert:  Law Educator, Esq. replied 2 years ago.
    You need to object to the discovery and argue that discovery is already closed and that this is merely dilatory and serves no purpose but to annoy or harass and is not likely to lead to any admissible evidence and also that it is an undue burden and expense. You have a right to be present for the deposition and if the court allows the deposition, then if you do not show up he can depose them without you there. However, you need to object and if the court does not agree and allows the depositions, you are going to have to get there to cross examine them.
    Customer: replied 2 years ago.
    Thanks XXXXX ALSO state that its further improper as they should be only called as witnesses during the trial where everyone is present and they can be failry be questioned without undue pressure or fear?
    Expert:  Law Educator, Esq. replied 2 years ago.
    No, that is not going to be a valid objection since then you would be admitting these people even have anything to add to this case. You want to avoid saying that as your argument is that they are not even necessary because they have nothing that will lead to admissible evidence.
    Customer: replied 2 years ago.
    Got it Thanks

    Because they promise 35% payout resullting from any recovery through wistle blowers or custommers complaints of misrepresentations?!! and promisse of compensation (they do NOT know there is nothing to pay them)

    Please Keep in mind he is trying to say that because I or my company made misrepresentations to these 2 customers he took this action, and possibly by putting words in their mouth., he will claim As such they do have admiisseble testimony.

    So how shoulld I respond because this is how he will come back at it.
    Expert:  Law Educator, Esq. replied 2 years ago.
    You need to object based on the time he has taken to do this and discovery should be closed and also that he is paying alleged witnesses and that he is seeking to delay (as I said above) annoy, harass and create an undue burden given the company he is suing no longer exists. I am still at a loss as to how he is proceeding against a defunct company. There is also nothing preventing you from contacting these companies now and just letting them know the company does not exist so there is no money for them to receive.
    Customer: replied 2 years ago.
    Thank you

    He is going after defunc Company Clients to get them to say that I made them misrepresentations SO HE CAN FIGHT BACK MY MSJ For dismissal and use their testimonies to get a Judgment against me.

    This is long story, our Company (We) were the first group of MF Global victims in march of 2008, (Google MF Global loss of customers fund March 2008) so I closed all the companies filed bk and filed complaint that MFG was STEALING money. For 3 years after this the regulator issued AAA rating for AAA rating and claimed victims (like us) placed risky trades and MFG is NOT stealing money bla bla, when we pressed the Regulator filed injunction for relief against us and alleged we lost the money because we placed risky trade of futures at MFG.

    Long behold on October 31, 2012 at 8 am MFG received another Audit pass from the Regulators and by 4 pm filed BK, stating that they have transferred over $1.6 BILLION of Clients CASH to their accounts from Custoners segregated Account WHICH IS Illiegal and are short $7 Billion admitting after 5 years. (See MF Global FRAUD and Bk on Google or go www.CommodityCustomersCoalation.com)

    Still this guy says our situation has nothing to do with MFG and trying to convince the court that what they did justified his action.

    Google Judge Bruce Levine letter and ORDER who after retirement declared that they had orders to protect large financial institutions and railroad small institutions like us to protect greater good.

    It's unbelievable but TRUE when you read the MFG Story on Google you will wonder what is wrong.
    Expert:  Law Educator, Esq. replied 2 years ago.
    I was familiar with the MF Global issues and it is amazing that the attorney is coming after you when you have proven you were victim of the collapse and fraud yourself. He is pulling at straws of course as you personally were dismissed, which the judge would not have done if the judge did not believe you had nothing to do with this personally.
    Customer: replied 2 years ago.
    That's the problem since he filed his injunction in Dec 2010, he has extended to respond and the hearing for MSJ to Dismiss five times so far and now it's set for Dec 03, 2012.

    He has objected to all my requests for productions under Rule 34, and RFA. THAT as per your advice I filed a Moion to Compel.

    And is trying other ways , BIGGER PROBLEM AS YOU SAID PRO SE The Judge is GRANTING them everything and Denying my OBJECTIONS

    Seems he has privilege over everything
    Expert:  Law Educator, Esq. replied 2 years ago.
    Yes, except that the judge did dismiss you personally from the suit. However going pro se is usually very tough with the judges and it is an uphill battle. Your argument is still best here that he is trying to annoy/harass/delay and is creating an undue burden and also that this is not likely to lead to the discovery of any admissible evidence.
    Customer: replied 2 years ago.

    Hi Paul,


    Thank you, XXXXX XXXXX question on this, IS THAT he has scheduled the depositions for 2 weeks from today, and for me to set up a hearing to obtain the protective ORDER, I must in complaince with California local rules give aminimum of 28 days NOTICE in order to Calendar a hearing date.


     


    Can I issue a Notice of Stay?


    IF YES, Under which Rule?


    Can I issue a Cease of Desist? (Under FRCP 403 or any other rules under)


    IF YES, under which Rule?


     


    To STOP his attempt to depose the TWO former clients?


     


    Interestinglingly 1 of the 2 that he wants to depose, came to the Court and dismissed all his claimes against me or the Companies "WITH-PREJUDICE" in the BK Court in 2009, stating that the Attorney who filed the proof of claim on his behald and objection to discharge, had used his Name on the FACE Page as Plaintiff without his permission or retainer, testified that the Attorney told him that this Guy (me) is toast and he can get him a quick Judgment. But he refused to retain him.


     

    Expert:  Law Educator, Esq. replied 2 years ago.
    You file the motion for protective order and also a motion to stay deposition and in the motion to stay deposition you would state you tried to work that out with the other counsel and they refused so now you are seeking the court to order the deposition stayed until the protective order hearing is held. FRCP Rule 26c
    Customer: replied 1 year ago.
    Hi Paul,

    Long time no talk, was because that as soon as I filed a motion to compel for production they proposed a Stay to negotiate a settlement.

    And did not produce respond nothing, in hurry they put together an Stipulation to Stay, HOWEVER they missed their FINAL deadline to file an ANSWER to my MSJ

    TODAY he asked by email whether I would oppose or NOT if they File a Motion to file Respond to MSJ as "Out of time"!!

    Which I responded that I would considering that they had over OBE YEAR to respond and exhausted 5 EXTENSIONS

    QUESTION 1-: Under what Rule or Citation I oppose their out of time Request?
    Especially that the Court in their last order emphasized that it will NOT grant another extension beyond this final date?

    QUESTION-2: Can the court or the court give them such allowed considering its last order ?
    HOW SHOULD OPPOSE to end this madness

    QUESTION -3-: SHOULD I also ask GRANT my MSJ on basis of default at the same Time OPPOSING their motion to be allowed to file out of time?

    Do you think after 13 months the Court will still favors them?
    Expert:  Law Educator, Esq. replied 1 year ago.
    1) There is no "rule or citation" for opposing their out of time request, remember not everything has a rule or statute that you do in court. You simply file your objection and you state that the court has told them no further extensions. The CA courts hold that good cause to enlarge the time period was not shown by the inattendance to daily chores in a law office. Mollura v. Miller, 621 F.2d 334 (C.A.9 (Cal.), 1980) citing Denofre v. Transportation Insurance Rating Bureau, 560 F.2d 859 (7th Cir. 1977) . Counsel's good faith mistaken belief that the filing of a petition for rehearing delayed the time for filing the cost bill has also been held not to be sufficient to establish good cause for an untimely filing. Laffey v. Northwest Airlines, Inc., 190 U.S.App.D.C. 326, 587 F.2d 1223 (D.C.Cir.1978); Stern v. United States Gypsum Inc., 560 F.2d 865 (7th Cir. 1977).

    2) The court has discretion in all requests for filing out of time.

    3) In your objection to their opposition to the MSJ, you would ask for the court to deny their filing out of time and to grant your MSJ.

    You would also state in your objection that the other party still has not complied with discovery and has refused all reasonable efforts to resolve the dispute.

    It is not likely the court is going to be very happy with them.
    Customer: replied 1 year ago.
    Thanks Paul,

    Those Two cases you Cited explains that they can request "Out of Time"?! Correct?

    Is there cases that denies such request because counsel has had Ampel amount of time, 13 months to be exact plus had priviously requested 5 extensions for the same reasons?

    I will appreciate the guidance
    Customer: replied 1 year ago.
    Thanks Paul,

    Those Two cases you Cited explains or privously Granted that one can request "Out of Time"?! Correct?

    Is there cases that had denied such request because counsel has had Ampel amount of time, 13 months to be exact plus had priviously requested 5 extensions for the same reasons? Considering that the Judge in his last ORDER emphasized that he will NOT Grant extensions anymore.

    I will appreciate the guidance or similar Citations that supports my opposition that I can use as model to draft my opposition. Off of?

    Expert:  Law Educator, Esq. replied 1 year ago.
    those cases describe the principle of filing out of time. The issue is not whether they deny it or approve it, and as we discussed before, you are citing it for the legal principle. Remember we do not look for cases based on a fact pattern that matches exactly what your facts are. The legal principle is what those cases are cited for and they are cited in most all cases on the issue, so they are considered the "seminal" cases on the issue.
    Customer: replied 1 year ago.
    Oh Ok

    So it's ok if I cite those and state that their reason for out of done are NOT supported by those principles considering that they had over one year to respond and already had received numerous extensions and courts indulgence!

    Correct?
    Expert:  Law Educator, Esq. replied 1 year ago.
    Yes, that is correct.
    Customer: replied 1 year ago.
    Thank you Paul

    As always you are Great

    Can the Court deny a Joint Stipulation to Stay to let parties negotiate a Settlement ?

    And if courts deny such Joint Stipulations what could be the courts reasons?
    Expert:  Law Educator, Esq. replied 1 year ago.
    The court can deny any stipulation, but they rarely will deny a joint stipulation to negotiate a settlement. When the court hears the word settlement and joint in the same document they will approve of that because the last thing they want to do is have a trial they do not have to have.


    I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

    If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

    Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

    PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

    There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

    You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

    Customer: replied 1 year ago.
    Hi Paul

    Long time no talk:

    Since December 03, 2012 that my Motion for Summary Judgment was finally after 2 years delay heard the District Court has yet failed to any order or Relief

    Seems because the plaintiff is Gov Agency they are hoping otherwise

    I was reading Ninth Circuit Rule 8(2)(a) one can Appeal to the Appealt court for Relief IF the District Court fails to issue a Relief

    QUESTION: Considering there is NO decision did I read it correct ?
    CAN I file an Appeal asking them to issue an ORDER?
    Expert:  Law Educator, Esq. replied 1 year ago.
    Thank you for your response and update.

    You can file a petition for a writ of mandamus, which is a writ to force a court to perform its job. You should first file it to the state court of appeals and state supreme court before going to the 9th Circuit.
    Customer: replied 1 year ago.

    But this in a Federal District court

    Expert:  Law Educator, Esq. replied 1 year ago.
    Thank you for the reply, my apologies, I get so many questions sometimes I have a tough time keeping courts straight. YES, if it is in federal court, you would file for writ of mandamus in the 9th Circuit.
    Customer: replied 1 year ago.

    Is it possible to submit the MSJ and evidence in support thereof asking the 9th District Panel to issue a Relief?


     


    I don't think this Judge will be happy and or will grant a fair Judgment after this, thus far he has kept kicking me in the gut, like non of my motions and pleadings matter like its Gov Lawyer and a Gov court, Its mostly that because I am in Pro Se yet my MSJ was very powerful, so IF its granted its bad a pro se wins!! took 2 years to hear and its 9 months no order..


     

    Expert:  Law Educator, Esq. replied 1 year ago.
    Thank you for your response.

    I am afraid the Court of Appeals does not have jurisdiction to rule on the MSJ, only to hear the writ of mandamus and if the lower court rules against you, then you can appeal to the court of appeals.
    Customer: replied 1 year ago.

    Thank you Paul,


     


    One last question: IF you recall I filed for protective order argued that he already deposed us and discoveries were completed in 2008-2009


     


    The Court as usual Denied my Motion, Stated that I must follow Local Rule 37-2 which is to meet and prepare a Joint conference to resolve disagreements on Discoveries


     


    The guy dis appeared for 4 months, and now suddenly he on the letter head of his Agency issuing Notices of Depositions and RFA etc.


     


    I know why he is doing it, he is trying to create inconsistencies so he can amend his injunction to get out of the MSJ which is I suspect that they delayed the order on my MSJ giving him time to do so.


     


    I reminded him that by the order we must hold a conference, he insists that I must agree to cumulative deposition and LR 37-2 doesn't apply here.


     


    And threatens to file for Relief etc. if I don't show up


     



    • I filed a "Motion to Compel" him to LR 37-2 as I argued it ordered by the court's order. Did I do it correct!


     


     


     



    • What is my option to avoid falling into his trap and give another depo after 5 years that I honestly don't remember


     


     


     



    • What else can I do

    • what is the worse case IF I refuse?


     



    • Or I show up and hand him a letter that my answer to each and every question is Because its 6 years gone by is that I DO NOT REMEMBER to avoid inconsistencies

    Expert:  Law Educator, Esq. replied 1 year ago.
    Pursuant to Rule 30, he must obtain leave of court to take a deposition of someone already deposed in the case. See: F.R.C.P 30 (2)(A)(ii). Thus, if he has not obtained leave of court on the deposition or you did not agree in the first deposition to leave it open to continue at a later date, you do not have to give further deposition and your proper response is to file a motion to quash his new deposition request as being outside the rules and also that he is conducting it for the sole purpose to annoy or harass and you need to state they did not take any action for 5 years and the delay was their fault. You file the motion to quash the deposition together with the motion to compel the conference which was the proper thing to file for the conference ordered by the court.
    Customer: replied 1 year ago.
    Thank you Paul you are the best
    Expert:  Law Educator, Esq. replied 1 year ago.
    Thank you, XXXXX XXXXX not forget to leave excellent service feedback as the experts get nothing for time spent with customers unless customers leave positive feedback.
    Customer: replied 1 year ago.
    As Always will do I didn't stop the discussion because I thought question may arise

    He now want to be smart and says that F.R.C.P 30 (2)(A)(ii apply here because he took the deposition under his administrative power

    However when years later filed his request for an injunction he made the deposition a huge part of his complaint for an injunction

    We were NOT a member registered under his regulatory Agency we were victim of MF GLOBAL INC that was under his jurisdiction

    So during BK proceeding I thought I give him what he wants he will investigated MF GLOBAL INC.

    Not knowing MFG is too connected and their intent is to protect them (see Judge Bruce Levine letter to AG on google)

    As he condensed they had orders to go after victims

    Anyway DESPITE all came put in October of 2011 he insists that still we were at fault sending money to MFG in 2008 BLA BLA

    Non the less he took our deposition with relation to this complaint and produced as an exhibit

    So is he correct? He doesn't need Leave?

    Expert:  Law Educator, Esq. replied 1 year ago.
    Thank you, XXXXX XXXXX realize, even though you can continue to respond and ask more follow up questions we get nothing for our time spent with you unless you click on feedback for us. That does not mean the question will close or you cannot use reply to continue asking new questions and it does not stop our discussion, it simply compensates the expert for the time they take with you.

    I would disagree about him not being covered under Rule 30 if you have given an actual deposition taken during this case under this case number.

    If you gave a deposition before this current case was filed, then he would be correct and he would be entitled to 1 deposition under this case. HOWEVER, you are also entitled to a copy of your previous deposition given and you can use that to refresh your memory about the events 5+ years ago and what statements you made about them back then.
    Law Educator, Esq., Attorney
    Category: Business Law
    Satisfied Customers: 91303
    Experience: All corporate law, including non-profits and charitable fraternal organizations.
    Law Educator, Esq. and 7 other Business Law Specialists are ready to help you
    Customer: replied 1 year ago.
    Ok will do I apologies

    He wants to ask the same to create inconsistencies can I refuse? IF he is entitle

    Can I argue due to the fact that I can't remember to provide accurate answers on matters over 5 1/2 years ago

    Can the Court punish me? And if Yes what is the ramifications

    I am asking this because he has a plan and I as a lay person can't figure it out
    Expert:  Law Educator, Esq. replied 1 year ago.
    If he takes the deposition, you must answer all questions. As I said, before giving any more depositions, you need to get a copy of and are entitled to a copy of your previous deposition. If you do not remember anything, you do not remember and you are entitled to say so.

    The court cannot punish you as long as you answer truthfully and do not refuse to answer. If you honestly do not remember, say so and that is not refusing to answer a question.

    JustAnswer in the News:

     
     
     
    Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
    JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
    Web sites like justanswer.com/legal
    ...leave nothing to chance.
    Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
    Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
    I will tell you that...the things you have to go through to be an Expert are quite rigorous.
     
     
     

    What Customers are Saying:

     
     
     
    • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
    < Last | Next >
    • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
    • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
    • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
    • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
    • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
    • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
    • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
     
     
     

    Meet The Experts:

     
     
     
    • Law Pro

      Attorney

      Satisfied Customers:

      1426
      20 years experience in business law - sole proprietor, partnership, and corporations
    < Last | Next >
    • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

      Law Pro

      Attorney

      Satisfied Customers:

      1426
      20 years experience in business law - sole proprietor, partnership, and corporations
    • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

      MShore Law

      Attorney

      Satisfied Customers:

      1233
      Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
    • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

      FiveStarLaw

      Attorney

      Satisfied Customers:

      1162
      25 years of experience helping people like you.
    • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

      Dimitry K., Esq.

      Attorney

      Satisfied Customers:

      1142
      Run my own successful business/contract law practice.
    • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

      J.Hazelbaker

      Attorney

      Satisfied Customers:

      393
      Experienced and trained in the area of business law.
    • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

      RGMacEsq

      Attorney

      Satisfied Customers:

      393
      Licensed Texas General Practice Attorney
    • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

      Barrister

      Attorney

      Satisfied Customers:

      301
      13 years practicing attorney, MBA
     
     
     

    Related Business Law Questions

    Chat Now With A Business Lawyer
    Law Educator, Esq.
    Law Educator, Esq.
    Business Lawyer
    91303 Satisfied Customers
    All corporate law, including non-profits and charitable fraternal organizations.