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Chris T., JD
Chris T., JD, Attorney
Category: Legal
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Experience:  Experienced in both state and federal court.
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Filing Amended Pro Se Complaint in US District Court after

Resolved Question:

Filing Amended Pro Se Complaint in US District Court after discovering I did not have enough specific information about events and how they correlated with Defendants. I plan to file the Amended Complatint tomorrow along with a "Motion for Leave to Amend Complaint." Because I have not completed serving all of the Defendants, i don't know whether I should complete doing so (still administering the original Complaint), or Motion the Court for a determination of the action(s) I should take. I am anticipating that the Court will direct me to re-Serve all of the Defendants with the Amended Complaint.

Looking for some insight, thoughts, and guidance on the matter.
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

The court will most likely not order you to reserve the defendants, as they should now receive notification of all filings through the PACER system via email.

TexLawyer :

You can still amend the complaint even though you haven't served all the defendants.

Customer:

I will fininsh my Amended Complaint tomorrow and re-file. Should I even broach the subject with the COurt about Re-Serving or leave that blank?

TexLawyer :

No, you have to have a certificate of service. Assuming all of the defendants are signed up on PACER, as they should be, you can simply say they have been served with notice of the amended complaint electronically via PACER.

Customer:

OK -- Just wanted to make sure.

Customer:

I am still serving Defendants and have until 7 May to complete the process.

Customer:

The Judge granted me the option of using certified mail, but many of the Defendants are not accepting the mailings.

TexLawyer :

OK. You just need to make sure everyone is signed up on PACER. If they aren't, you may consider mailing the new complaint.

Customer:

Do you expect the Judge will rule on that?

TexLawyer :

Rule on what?

Customer:

Mailing the amended complaint

Customer:

I expect he will order me to do so.

TexLawyer :

I may have misunderstood you. I thought you said the judge already OK'd you serving them by mail.

Customer:

But that was for the original Complaint. Now, I am submitting an Amended Complaint to the Court based on the Motion to Dismiss because I did not include all of the events as they corresponded to each of the listed Defendants -- due to my matter going through the Administrative Process and then the MSPB.

Customer:

US District Court is my current step in the process -- a matter of appeal after receiving an unfavorable decsion from the MSPB. Now I am addressing violations of laws and regulations that the MSPB prohibited me from addressing.

TexLawyer :

After the original complaint, you can serve the defendants with all other filings via regular mail. Once the original has been served, everything after that is different because from that point on, the defendant has notice of the lawsuit.

Customer:

OK -- did not know that

Customer:

so... the key is... Once they are served, they are served and do not require being "Re-Served."

TexLawyer :

No, there isn't a need to "reserve" them. PACER, regular mail of fax will suffice.

Customer:

I am facing the use of a Process Server for "outlier" Defendants who did not "accept" my initial certified mailing. Is it best to use just one, or to use others in the cities in which a Defendant resides?

Customer:

US Marshals are another option -- but I know nothing about them.

TexLawyer :

You should use one in the city in which each defendant lives. It would be more expensive to have one travel all over to serve people. There really isn't a "right" way to do it. Whatever is cheapest.

Customer:

makes sense

Customer:

Thoughts about US Marshals?

TexLawyer :

As far as the USM, you can do that, but it can often take months, since most of their resources are spent chasing down criminal fugitives.

Customer:

THANKS for that info --

Customer:

absolutely makes sense to me.

Customer:

average cost to serve -- in town?

TexLawyer :

I'm not saying they all take that long, but that's been my experience. You can call the local USM office and ask.

Customer:

$60+??

Customer:

I'm taking your experience as valid, because I know how things can be -- and YOU ARE RIGHT

TexLawyer :

The cost depends on how difficult the person is to serve. It will most likely be more than $60.

Customer:

wow

Customer:

any general guidelines for cost -- or do they all vary?

Customer:

any general guildelines for cost? or do they all vary?

TexLawyer :

It really varies. It will likely be between $50-100, possibly more, depending on what it takes to get them served.

Customer:

So, by their declination of receiving certified mail, they just pushed a higher cost on me -- potentially knowing the added burden it would cause.

TexLawyer :

Potentially, yes.

Customer:

I think that covers it for now... You have been a true scholar and gentleman.

TexLawyer :

My pleasure.

TexLawyer :

Can I do anything else for you?

Customer:

Not for now -- and again, thank you for the guidance and insight... I will rate you at the highest level.

Customer:

Good night, and maybe we will meet again

TexLawyer :

Glad to help.

TexLawyer :

If you have any questions in the future, you can direct them to me by including "this question is for TexLawyer" in the title.

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3868
Experience: Experienced in both state and federal court.
Chris T., JD and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

About PACER, can I use the system as well?

Expert:  Chris T., JD replied 1 year ago.
Yes, you should sign up on PACER for your district. Many judges require it.
Customer: replied 1 year ago.

How do I do it?


 

Expert:  Chris T., JD replied 1 year ago.
http://www.pacer.gov/

You can sign up using the above link.
Customer: replied 1 year ago.

And I presume that you recommend doing so, even if the Judge does not require it? As a matter of demonstrating proficiency?

Expert:  Chris T., JD replied 1 year ago.
Yes, and you will instantly know when something has been filed in your case by another party or the judge, and it will allow you to file documents from home, and serve the defendants with a copy all at the same time.
Customer: replied 1 year ago.

rather than being compelled to mail them a Motion or othe filing?

Expert:  Chris T., JD replied 1 year ago.
Yes. PACER automatically sends copies of all parties signed up on your case. You can check that once you are logged in.
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3868
Experience: Experienced in both state and federal court.
Chris T., JD and 14 other Legal Specialists are ready to help you

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Chris T., JD
Chris T., JD
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3868 Satisfied Customers
Experienced in both state and federal court.