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Ely
Ely, Counselor at Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a suit pending in the District Court northern district

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I have a suit pending in the District Court northern district of Illinois. I have been given leave to file a single amended compliant is there a template I can use?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. As for an AMENDED COMPLAINT, please find a generic sample version of a federal complaint and the step by step instruction on how to draft one here.

The court is for the Eastern District of NY, although this may be changed easily.

For the title, one may simply substitute "Plaintiff's First Amended Complaint" instead of "Complaint."

I am to allege each claim in a separate count and identify jurisdictional basis for each claim not sure what is meant by that.

To sue in federal court, one needs to have a "cause of action" (also called a CLAIM). A claim in federal Court may be:

1) A violation of federal law, such as a claim under the Fair Debt Collection Practices Act; or
2) A violation/cause of action under STATE law, but one which falls under federal court's jurisdiction - see here.

For a list of actions/claims under federal law, see here (the name and the corresponding federal law).

Example:

1) Plaintiff brings forth a claim under >5 U.S.C. § 1692f(1), alleging violation of FDCPA (collection laws). Jurisdiction is proper because the the matter is under United States Code [see #1 - it is federal law]; or

2) Plaintiff brings forth a claim for breach of contract from Georgia. Jurisdiction is proper because Defendant is in a different state and the amount in question supersedes $75,000.

And so on...

I hope this helps and clarifies. Good luck.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 1 year ago.


yes I have included part of Judges order, what is meant by jurisdictional basis

 

 

Expert:  Ely replied 1 year ago.
Gary,

1) It would help to know what exactly what claim you are trying to bring; and

2) Can you please provide me with the verbiage from the order that actually STATES the term "jurisdictional basis" because the verbiage from the order that you have provided does not.
Customer: replied 1 year ago.


complete order attached I have a right to sue letter from the department of labor

 

 

Expert:  Ely replied 1 year ago.
Okay, let us focus on this jurisdictional basis.

APPLYING THE FED. R. OF CIV. PROC.
This is handled in Fed. R. Civ. P. 8(a)(l) & lO(b) & (c).

Fed. R. Civ. P. 8(a)(l):
A pleading that states a claim for relief must contain a short and plain statement of the grounds for the court's jurisdiction...

Fed. R. Civ. P. lO(b) & (c):
A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence—and each defense other than a denial—must be stated in a separate count or defense.

A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.

THIS SCENARIO
One's complaint has to contain what is stated above. Example:

Plaintiff alleges a violation of (state federal statute), and brings forth the claim in federal district court under (whatever statute in the Act allows you to sue in federal code). The Court may grant declaratory and other relief pursuant to 28 U.S.C. §§ 2201 and 2202.

See here (under Jurisdiction paragraph) for an example.

I hope this clarifies.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 1 year ago.


thanks it will take the weekend to digest this stuff if I need to talk again how will I reach you


 


how do I send you a bonus ??

Expert:  Ely replied 1 year ago.
Friend,

Take all the time you need.

You can always find me by either replying back on this thread as a follow up or, requesting me for a new question here.

how do I send you a bonus ??

You can do so only after you RATE the question positively. In fact, if you do not rate positively, I do not get credit for it. Do not worry, you may always ask follow ups on this thread free of charge after rating.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86566
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 5 other Legal Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your generosity.
Customer: replied 1 year ago.
ely

I filed an amended complaint and the defendant has answered

7 months ago, I filed a FOIA request for the investigative filed on the complaint I file, I was denied on the confidential informant exception. I appealed that decision and I received the file. The confidential informant was a company lawyer. The company did not respond to the investigation. Instead, the company lawyer went on a character assassination, made up false statements, called a disable Veteran "erratic.” The most disconcerting, the company lawyer had employees that were not there say performance related statements. The e-mail was forwarded to the employees to use to answer questions from the government investigator. I want to file a motion to dismiss without prejudice. I need to have the government conduct a real investigation. The defendants knew along that they intimidated employees to make misleading statements to the government and prejudice the government investigator
Because the defendants knew this along I would ask the Judge that the defendants pay my expenses to date. Is this enough for a motion to dismiss with without prejudice?
Expert:  Ely replied 1 year ago.
Hello friend,

Thank you for your follow up.

Aren't you the Plaintiff? By filing a motion to dismiss, you'd be ending the case.

What are you trying to do here, exactly?
Customer: replied 1 year ago.
motion to dismiss without prejudice so I can file later, I need to obtain more FOIA documents and that could take about a year, would it be better to file a motion to stay until I receive the FOIA documents
Expert:  Ely replied 1 year ago.
Gary,

Thank you for replying.

It is at your convenience to "dismiss" the case until later - the Court will not STOP you and likely will grant the motion to dismiss without prejudice without asking if this is what you wish to do. However, know that you will then have to REFILE from the very beginning to begin the case again.
Customer: replied 1 year ago.

I filed a complaint with the Office of Federal Contract Compliance against CDW and sub-contractor CRS for not extending my rights under the Vietnam Veterans Readjustment Act of 1974 and amendments. After the offer for employment contractors and sub contractors are required to


 


§ 60-250.42 Invitation to self-identify.


(a) Special disabled veterans. The contractor shall invite applicants to inform the contractor whether the applicant believes that he or she is a special disabled veteran who may be covered by the Act and wishes to benefit under the affirmative action program. Such invitation shall be extended after making an offer of employment to a job applicant and before the applicant begins his or her employment duties, except that the


contractor may invite special disabled veterans to self-identify prior to making a job offer when:(1) The invitation is made when the contractor actually is undertaking affirmative action for special disabled veterans at the pre-offer stage; or(2) The invitation is made pursuant to a Federal, State or local law requiring affirmative action for special disabled veterans.(b) Veterans of the Vietnam era, recently separated veterans and other protected veterans. The contractor shall invite applicants to inform the contractor whether the applicant believes that he or she is a veteran of the Vietnam era, recently separated veteran or other protected veteran who may be covered by the Act and wishes to benefit under the affirmative action program. Such invitation may be made at any time before the applicant begins his or her employment duties.


I notified sub on application and by e mail of same.


 


I was employed June of 2011 and terminated July 2011.


 


The OFCCP found nothing wrong. I filed a FOIA request for the investigation file and was denied using the confidential informant law enforcement exemption


 


I appealed and the Department of Labor Office of the Solicitor reverses the exemption. It turns out the informant was an sr.employment lawyer for CDW. There was no investigation; CDW did not acknowledge its error. Instead, CDW told the OFCCP I was nothing but pond scum and my complaint was bogus.


the response to the OFCCP by the sr.employment lawyer contains the footnote" this statement does not constitute an affidavit, and is not intended to be used as evidence in any kind of in any agency or court proceeding in connection with the complaint"


 


Had CDW turn over to OFCCP the files regarding applicants and the self-identification forms I would not be involved in this court proceedings it would have been settled by the OFCCP.


 


Can I use the statement from CDW to OFCCP in a motion for sanctions against CDW knew all along they had violated 60-250.42

Expert:  Ely replied 1 year ago.
I am very sorry for your ongoing situation.

Can I use the statement from CDW to OFCCP in a motion for sanctions against CDW knew all along they had violated 60-250.42

Technically, this may be HEARSAY. You'd need to review FRCP Rule 801 through Rule 807:

http://www.law.cornell.edu/rules/fre

However, this may be an EXCEPTION to hearsay under FRCP 803. So someone in your situation may definitely attempt to use it, and if the other party objects, the Court may disregard it; but, it may be attempted to be used.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

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