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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Administrative Law in Federal Court. Need to respond to a

Customer Question

Administrative Law in Federal Court. Need to respond to a request for Summary Judgment in Federal court pertaining to my property. Filed by a Loan Servicing Company to the Federal Judge. I need information fairly quickly. I must file by this Wednesday.
No Lawyer seems interested in doing this for me and I don't understand why.
So I need guidance as to what to put in a document to send to the Federal Judge if I can't get a Lawyer.
Submitted: 1 year ago.
Category: Legal
Expert:  RONB-ESQ replied 1 year ago.

Hi my name is ***** ***** I am a licensed attorney. Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. I see you have a question about a lawsuit proceeding in Federal District Court. I have handled matters like this in the past and believe I can help you understand your rights. In the event I believe you should seek a local attorney, I will advise you of that as well.

Could you provide me a little background as to whether you are the plaintiff (one who filed suit) or defendant (suit was filed against you)? Also what is the general basis for the suit i.e. claims asserted by Plaintiff?

Customer: replied 1 year ago.
On or about 9/2/2014, Bob Lang("Plaintiff") filed his original petition contesting the right to foreclose; Declaration Judgment & Application for Temporary Restraining Order & Temporary Injunction ("Petition") .......On Nov 6, 2014, Ditech removed the proceeding to Federal Court on the basis of diversity jurisdiction.
Expert:  RONB-ESQ replied 1 year ago.

So you know the rules are applied equally to people with attorney or people representing themselves (pro se). You need to review rule 56 in the Federal Rules of Civil Procedure you can find here https://www.federalrulesofcivilprocedure.org/ Legally (and you may already know this) a movant files a motion for summary judgment to get the Court to agree with them that either for the entire case or a portion of the case there are no facts disputed, as such, they are asking the Judge to rule on the law only as they are alleging that there are no facts disputed. To successfully respond to their motion you have to raise a question of fact. Note that all of this has to be done in writing as the Court may or may not have an actual hearing on the MSJ. If there is a hearing it is only for the attorney/party to argue based on the evidence already submitted within their motion or the response to the motion.

For enough money you can get an attorney, but there is a short window as to the response due date. The typical attorney is going to charge more if they need to shift other matters so they can focus on the MSJ response only or it might require that they work into the night.

Every MSJ is different so there is no typical response form and every response should specifically respond to Plaintiff's allegations or challenge the evidence they are submitting. It can be very complicated and on the attorney side it could range from a few hours for an attorney already familiar with the case to 10+ hours given a typical $250 per hr rate it can get expensive quickly. I don't know that this forum is the proper forum to actually try and obtain the information needed to prepare a response. I am sorry that I can't provide more information as I am sure this has you stressed with the likely impending deadline for a response.

Let me know if you have some specific questions about your response that I can answer?

Expert:  RONB-ESQ replied 1 year ago.

It is my goal to provide you excellent service and do my best to fully answer the question you posted. The only way I get any credit for my answer is if you give me a positive rating between good-excellent. I would truly appreciate you taking the time to go back and review my answer and give me feedback. In the event you don’t feel like I answered your question please reply so I have an opportunity to fully answer the question you asked. In the event you have already provided feedback and I missed it Thank you and please disregard.

Regards,

Ron

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