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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37959
Experience:  Retired (mostly)
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I halve to questions. In federal civil, how much does the

Customer Question

I halve to questions. In federal civil, how much does the complaint need to change to re-file after a dismissed with pre-judice, after a 12(b)(1)(6) motion, when the defendent is the an agency off the US Government.
Second, what would you expect to happen in a pre-trial conference when an agencie off the US government is the defendant.
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello, The new complaint must state sufficient facts to demonstrate: (1) jurisdiction of the federal court; (2) the elements of at least one viable cause of action. Example: 1. Plaintiff alleges that he was an employee of Defendant ABC corporation on [date]. 2. On [date], Plaintiff filed a charge with the Equal Employment Opportunity Commission (EEOC). 3. Plaintiff alleged in the EEOC charge, and he realleges herein, that on [date]. Defendant's supervisor, ***** *****, told Plaintiff that unless Plaintiff would have sex with Defendant, that Plaintiff would be terminated from employment with Plaintiff's employment. Plaintiff alleges that the date of Defendant's threat was within 180 days of the date that Plaintiff filed his EEOC charge against Plaintiff. 4. Plaintiff alleges that Defendant employer employs at least 15 employees, and that employer paid wages to Plaintiff while Plaintiff worked for Defendant employer within the State of Montana, County of [county]. WHEREFORE, Plaintiff prays for damages against Defendant in the amount of $300,000, plus lost wages and benefits, attorney's fees, costs of suit and such other relief as the court deems just. Respectfully ***** ***** Okay, without getting into the details, the simple complaint above makes out a complaint for sexual harassment. It provides all of the necessary factors to make out a claim for which relief may be granted. Therefore, the complaint satisfies the requirements of Fed. R. Civ. P. 12(b)(6). That's what you need to do, for each and every claim that you make in your U.S. District Court complaint. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Customer: replied 1 year ago.
I made several serious complaints to federal law enforcement. When I asked for the results off the investigation, I was issued a FOIA denial letter. I submitted the complaint pro-se in federal court and was dismissed on a 12(b)(1)(6) motion with prejudice because I paraphrased, and did not include the record request. I halve these document's. Can I re-file exactly as is under the same point off law with just a more legally complete complaint that includes the request for investigations and the actuall record request, even though I was dismissed with Prejudice on a 12(b)(1)(6) motion
Expert:  socrateaser replied 1 year ago.
You're asking me to tell you what you must specifically do to refile the complaint. The only way I could provide you with a definitive answer would be to review all your facts and actually draft the complaint. However, based on what you describe, the answer is, "yes," if you provide a legally complete complaint, then you can refile it, and avoid a 12(b)(6) dismissal. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Customer: replied 1 year ago.
So the fact that I was dismissed with pre-judice on a 12(b)(1)(6) doesn't matter as long as I can correct the defencies on the complaint. I can still re-file and sue the entity off the federal Government?
Expert:  socrateaser replied 1 year ago.
Oh...I misread your question. I thought that the case was dismissed "without prejudice." If the case was dismissed "with prejudice," then you would have to appeal the dismissal, or file a motion for relief from the dismissal order (FRCP 60), and try to show that the court erred in not granting leave to amend your complaint. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Customer: replied 1 year ago.
I halve a pre-trial conference. Can you in ten minutes let me know what to expect
Expert:  socrateaser replied 1 year ago.
If your case was dismissed, then how can you possibly have a pretrial conference?
Customer: replied 1 year ago.
I halve allot off these Privacy act denials against several entities off the US Government. I learned from my mistake, the government attorney could not find a legal reason to dismiss me. So I am told I will now halve a pre-trial conference scheduled.
Expert:  socrateaser replied 1 year ago.
Okay. Well, If you want to talk to me off line, then I can send you an additional services offer. But, I bill by the hour, regardless of how long a phone call or email correspondence takes, so it really doesn't matter if you want to limit the correspondence to 10 minutes. Just let me know what you want to do. No hard feelings either way.
Customer: replied 1 year ago.
What is your hourly rate, If you gave me an honest hour, do you think you could pre-pair me for the pre-trial. Are you godd with government suits. 5 USC 552(a)(g)(1)(b) is the point off law. I'm told they are rare, should be friendly, could you advise me on this particular type off suite.
Expert:  socrateaser replied 1 year ago.
I would prefer to simply write up what you can expect and what you need to do, than spend an hour on the phone. It's too difficult to simply spit out answers off the cuff. Also, it seems to me that this ought not to be a pretrial conference already, but rather an initial case management conference with a scheduling order. If not, then we can talk about pretrial conferences, but that's a totally different thing. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!