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Is the case in federal or state court? Where did the case get transferred to?
It's in federal court and in Ohio.
Give me a little time and I will be back to you
The time would be no more than 14 days from the date of the transfer order.
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So since they didn't respond to the original complaint is it possible to go for a summary judgement?
If they do not respond you make a motion to enter default judgment not for summary judgment.
So since the date of the transfer order was August 20th then 14 days from that would be September 3rd so after that date I could go for default judgement?
Can I ask you one more question?
I initially filed this same complaint in state court and in federal court in Florida and I only filed the state charges in Florida. The defendants moved the state complaint to federal without me realizing it until afterwards. I filed a Remand to have the state complaint returned to the state court. I filed the Remand in the federal court and it was never ruled on. I don't know now that the judge moved the venue of the case (that I didn't even have a response in on) whether the Remand will still be ruled on or if it is a moot point at this point?
I suggest you contact the judge about the status of the remand because the court should not have ruled on the venue motion until it resolved the remand. Before taking any action, I would speak to the judge's clerk because if the case is to be remanded, it does not have jurisdiction to resolve the venue issue.
How do you bring up to the court that they never ruled on the remand issue?
You call the judge's chambers and ask to speak to the judge's law clerk. That is the fatest way to get a response.
Wonderful. Thank you so much! This has been very helpful.
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