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Roger
Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hello, IN a federal case in ohio that has been ongoing for

Customer Question

Hello,

IN a federal case in ohio that has been ongoing for a year now, but stalled for various reasons ( one being shenanigans by the defendants which dislodged an attorney for a plaintiff in a case that has been connected to mine for purposes of pre-trial only) that the judge is now aware, I need more time to file an amended complaint. The deadline was May 1, but the stall caused by these problems made it impossible to meet that deadline. This new amended complaint includes new defendants and charges. The other side does not at all approve. However due to their own shenanigans, as well as the plaintiff in the connected case now needing to find yet another attorney, i think it is likely to be granted. What would be more fitting, a motion to stay proceedings? Or a motion for extension of time. Honestly i would prefer the stay, as it would also aid the plaintiff in the connected case find a new lawyer which is going to be hard. ALso it gives me time to research the new defendants. But if that is unlikely, maybe I should file in the alternative an extension of time? thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

A motion for leave to amend the complaint is what you're likely going to need to file. This is so because IF the deadline have already passed, a stay of proceedings isn't going to affect the deadline that has already passed.

Thus, you'll need a motion for leave to amend and you'll have to provide good cause for the request since it's out of time. However, if you can show that the other parties have caused delay or you've just now discovered evidence to justify an amendment, that's what you'll have to argue.
Customer: replied 1 year ago.
the problem with that is i need to present the motion itself when i motion to leave to amend. I am about a week away from having that ready. I thought maybe there was a different route that would show I needed more time (the judge knows why since it is obvious at this point whats happened because of the games played by the other side) but not have to submit the amended complaint yet since i need to research these new defendants role.
Expert:  Roger replied 1 year ago.
There's nothing that I know of in the federal rules of civil procedure that would give you any other option. Because the deadline has passed, the stay motion is likely a waste of time. The best option is to get your amended complaint ready and attach it to your motion. You're already 3 weeks past the deadline, so another few days isn't likely to make a differene.
Roger, Attorney
Category: Legal
Satisfied Customers: 27248
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
in a related question, one of the defendants filed a fraudulent motion last year in order to dislodge the attorney of the plaintiff in the case that was connected to mine for pre-trial purposes. It has caused the stall of these cases three times now. Can i object, or somehow force this defendants new attorney to either endorse or withdraw that motion? The old attorney who filed it wisely bailed the case. I just wanted to know how i can somehow have the issue looked at again
Expert:  Roger replied 1 year ago.

If the motion hasn't been heard it is possible that it has been abandoned.

But, if it hasn't been abandoned, you can't really force it to be called up as that would be the moving party's obligation. If the party never calls it up, it will die on the vine.

One possible thing you could do is file a motion to strike the other motion from the record and that would allow you to bring attention to the motion on your own. The other party could then respond by either telling the judge that he wants to move forward with the motion, or that he wants to dismiss it.

Customer: replied 1 year ago.
im sorry , i did not complete the question. The motion was ruled on, and it resulted in the expulsion of the attorney in the related case, which is the lead case. That plaintiff has now had her most recent attorney abruptly leave, after having one nothing for her case. She is up against a wealthy family, and they have a penchant for making her lose attorneys. SO the motion has been ruled on months ago. I just thought that since this AGAIN caused the stall of my now cinnected case, that I now had standing to say "ENOUGH" we all know that was a fraud, let her have her original attorney who was falsely removed, and lets get on with this case!
Expert:  Roger replied 1 year ago.
Well, that's really something for the party who lost her attorney to raise. It's not your place to address the court about that. However, if she wanted to do that, a motion could be filed requesting reinstatement of this lawyer.
Customer: replied 1 year ago.
if that fraudulent motion has caused distress and stalls to my case, and since my case is now connected to that case, do I not have an interest in the resolution of that fraud?
Expert:  Roger replied 1 year ago.
It would be very unusual for a party to file a motion on behalf of another party. It's something that I've never seen.

You could file a motion for a status conference and address the issue there; that would get the matter before the judge.
Customer: replied 1 year ago.
perfect, i will try it that way. thank you.
Expert:  Roger replied 1 year ago.
No problem. If you need something else, just let me know. Here's my profile link: http://www.justanswer.com/law/expert-kirkadams/
Customer: replied 1 year ago.

hello, im in the process of amending my complaint in a year long federal lawsuit. I n between the time i filed the first complaint and now, found that the government is a proper defendant . However in order to comply with the provisions of 28 U.S.C.
27§ 2675, as required for their claims under 18 U.S.C. § 2712, do i have to wait to include them ? or can i include them now so i dont have to write a new amended complaint later, or can i list them here but not formerly sue them until the proper time? thank you.

Expert:  Roger replied 1 year ago.
You would have to wait until the notice period has expired before naming it as a party. If you named the government before, it would be a violation of the statute.
Customer: replied 1 year ago.

thank you very much

Expert:  Roger replied 1 year ago.
Sure. Glad to help.

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Roger
Roger
Litigation Attorney
5885 Satisfied Customers
BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters