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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111529
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In September of 2012, I filed a pro se civil complaint against

Customer Question

In September of 2012, I filed a pro se civil complaint against the Arizona Department of Liquor Licenses (DLLC) and City of Phoenix pursuant to U.S.C. 42 sec. 1983 in the District of Arizona. The court designated the action a standard and ordered the parties to prepare for Preliminary Pretrial Conference in accordance Rule 16(b) FRCP. After the service, I attempted contact with the defendants to initiate the conference as ordered by the court. Neiter defendant responded to my request. Instead City of Phoenix filed a motion to dismiss under Rule 12(b)(6). I filed a motion to strike it based on noncompliance with the court's order. The DLLC failed to appear in the action and upon a my motion the clerk made an entry of default. As result the DLLC appeared with 12(b)(6)'s motion. I opposed it;the did not reply. The last day for reply was on March 21, 2013. Aleady three (3) months passed by and there is no court ruling. The questionI have is: is there a time limit for district court to rule, and what kind a step I should take.
Submitted: 3 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

There is no rule in the Federal Rules of Civil Procedure that sets a specific time for the court to rule on motions. The court has a reasonable time, which depends on the complexity of the issues and the calendar of the court and case load of the court. We have had motions that have taken 6 months or better to be ruled upon. However, at this point, you need to call the judge's clerk at his office as the clerk can tell you where the motion is in his stack of responses that have to be sent out and if the clerk cannot tell you the information (most can and will), then your next step is you can file a writ of mandamus in the court of appeals to ask them to order the court to issue a ruling on the motion.



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