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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110401
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a defendant in D.C. civil suit. Can I respond to Omnibus

Customer Question

I am a defendant in D.C. civil suit. Can I respond to Omnibus Order? If I can respond, what title do I give to my response? The court stated on its omnibus order:
1. The discrete issue presented is neither a valid ground for dismissal of the instant action not properly presented in a motion to dismiss. See Super. Ct. R. Civ. P.R. 12(b) (discussing presentations, claims, defences, and counterclaims in pleadings).
2. Under this court's supplement to the General Order, [r]eplies to oppositions are prohibited without leave of court." (Supp. to the General Order at 2). Regardless, the adjudication of the underlying Motion to Dismiss filed on March 2, 2016 renders this filing moot. See supra Part II(A)-(D) at 2-4.
I need an explanation of what item 1 and 2 mean.
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the court has issued an omnibus order that you disagree with, you can file a motion for reconsideration or a notice of appeal and seek to file an appeal on the order. You cannot actually object to the omnibus order, you can appeal it once the court enters a final judgment, which it does not seem to have done here.
Item 1 means that the court will not dismiss the action because it does not qualify to be dismissed.
Item 2 means that parties cannot file any reply briefs in the case without permission of the court. It means there will be a motion by a party and an objection by the other party and no other responses unless you ask the court in writing for permission to file a response to the objection to the motion.

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