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I am a pro se plaintiff as I dismissed my lawyer due to what I will call constructive fraud among other things. I have a question that needs to be answered with the applicable laws and federal rules. I am opposing a motion for summary judgment. I must do this by August 17. I sought advice from Suffolk County attorney. He told me what to write on my first complaint and he scheduled an appointment at his office on March 26 2012and asked me to bring in $350 dollars and to file it with the eastern district court. He told me that I did not have to serve it on the defendants as he would amend my complaint which he did and he served the amended complaint on the defendants on June 19 2012. At this time, the defendants are seeking to dismiss the case based on failure to serve the first summons and complaint and based on the amended complaint not containing triable issues. Does rule 4(m) apply here? Is there a way that this can be remedied?
I am still awaiting a response from an expert. Thank you.
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