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Ely
Ely, Counselor at Law
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FOR ELY PLEASE….Hey ELY, it Dan….you told me earlier

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FOR ELY PLEASE…. Hey ELY, its Dan….you told me earlier that I need to file a motion for leave to file an interlocutory appeal ( concerning denial of a motion for leave to file an amended complaint, which effectively terminates the lawsuit against newly added defendants on that complaint — although one old defendant remains in the case). I assume that I cant just file an appeal, because that one defendant remains, although since she is not allowing the amended complaint, and the initial complaint was recommended to be dismissed by the Magistrate, it does kind of (UN)TECHNICALLY end the case against the old defendant too. She is purposefully skipping around the magistrates flawed old report and recommendations that it be dismissed, because she knows I will appeal that and have a good chance to get it reversed. This way, I cant get at an Appeal, since the case technically has not been terminated. Would it be wise of me to ask the federal judge to certify the magistrates granting of the motion to dismiss a year ago, so that I can appeal it at the same time as I appeal this denial of leave to file the second amended complaint?  I can argue it furthers the interest of justice, and decreases expense of litigation. This way she cant skip around the topic, without looking bad doing so.  SHe is bound to ruel ni favor of the magistrate anyway.  I think she has ruled on this issue first, to gauge whether or not I will appeal the first R&R.  To see what hand im intending to play, or if im satisfied with the settlments.  


 


Regardless, before i have to file notices or statements or praecipes (whatever that is) to any of the defendants, I assume do have to wait until that motion for leave is allowed or disallowed, right? Also, do i have to attach the actual appeal to the motion for leave like I do in other motions for leave? Or i assume that because this is an appeal to the court of appeals, I can wait until I get it approved, and then file it? 


 


Also, should I bother with a motion for reconsideration before I file the motion to file the interlocutory appeal, even though its guaranteed to be denied?  thank you for having told me about the interlocutory thing.  I will be on later to see the response. thank you 

Submitted: 5 months ago.
Category: Legal
Expert:  Wendy-Mod replied 5 months ago.
Hello,

I'm Wendy, and I’m a moderator for this topic. I sent Ely a message to follow up with you here, when he is back online.

If I can help further, please let me know. Thank you for your continued patience.

Best,
Wendy
Expert:  Ely replied 5 months ago.
Hello,

Would it be wise of me to ask the federal judge to certify the magistrates granting of the motion to dismiss a year ago, so that I can appeal it at the same time as I appeal this denial of leave to file the second amended complaint?

Dan... this may be too much. There is no need to over-complicate an issue. If one wants to appeal an order within a pending federal jurisdiction, the best way to go about doing so is via an appeal to the interlocutory court with permission to do so via a motion for leave.

No need to certify any prior orders.

Regardless, before i have to file notices or statements or praecipes (whatever that is) to any of the defendants, I assume do have to wait until that motion for leave is allowed or disallowed, right?

Yes.

Also, do i have to attach the actual appeal to the motion for leave like I do in other motions for leave? Or i assume that because this is an appeal to the court of appeals, I can wait until I get it approved, and then file it?

Good practice is to ATTACH it as an exhibit.

Also, should I bother with a motion for reconsideration before I file the motion to file the interlocutory appeal, even though its guaranteed to be denied? thank you for having told me about the interlocutory thing. I will be on later to see the response. thank you

Hmm... If one is certain it would be denied, then this may be a waste of time. There is no mandate that this is attempted prior to an appeal, but it never hurts to try...

You could likely write a book about this case after it is over. As always, keep in mind that whatever I say is general information only. It is impossible to provide direct legal advice via this medium. Use caution!

Gentle Reminder: Please, use the reply button to keep chatting, or rate positively and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 5 months ago.

haha, thats what the other attorneys said after they settled at the deposition. But id rather someone smarter and with more patience than me write it,. You ever write books? haha

 

ok, i see i should just do the interlocutory thing. But i dont have the actual appeal anywhere near done. If you think its best to file em together, I will do that, but if its not needed, id rather wait until she DENYS this motion for leave to file (she will, believe me).

Expert:  Ely replied 5 months ago.
You ever write books? haha

I have written motions that look like books. Does that count?

ok, i see i should just do the interlocutory thing. But i dont have the actual appeal anywhere near done. If you think its best to file em together, I will do that, but if its not needed, id rather wait until she DENYS this motion for leave to file (she will, believe me).

It is best to play everything by the book. So if possible and time allows it, it is best to file the motion for leave - one NEEDS to do so prior to asking for any appellate decision for an order within a pending suit.

This is what I meant.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87776
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Legal Specialists are ready to help you
Customer: replied 5 months ago.

you should write a proposal for a new TV series, with a lawyer who gets framed, and has to serve community service hours at a pro se clinic in a strange neighborhood, and is constantly hounded by pseudo-intellectuals for help with their big ticket lawsuits against big companies and people like Donald Trump (as special guest star defendants who are irked that the little people could successfully challenge him in court, and comes looking for YOU!!) !!


 


 


Like the show Community, but in a legal setting! hahah, I can SO totally see that being a series someday! Thanks alot, goodnght!!

Expert:  Ely replied 5 months ago.
No problem. G'night!

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