hello,i have a lawsuit that was removed to federal court. I filed a remand, and in the remand I also included my answers to their motion to dismiss for lack of personal jurisdiction. I had assumed this would suffice, and that the remand itself would suceeed since a basic requirement was not fulfilled by the defendants. Now i find that a defendant is pressing me for approval or disaproval about a motion to stay discovery pending the courts ruling on their motion to dismiss. A local rule makes it so they have to ask me if i approve or do not approve i have grown concerned over their insistence, so of course i disapproved. However, I wonder if 1) by my dissaproving, there is some werd rule i dont know about that makes it so its implied consent to stay in the federal courts despite my remand request?and 2) do i need to write up a separate response to their motion to dismiss, even though I already responded with a lenghty response to it in the remand?they have split me into both state and federal court, as one defendant did not join the removal (which i thought it was not legal to make me fight in two courts at once?) so this has been very hard , it being my first time filing a lawsuit.thank you thank you
Hi and welcome to Just Answer
Who are you plaintiff or defendant?
Who moved to remove to federal court?
Was that motion granted?
Who moved to remand to state court?
Confusing part......I thought you were the defendant but then you said that THEY moved to dismiss for lack of personal jurisdiction....that is a defense motion. Please clarify. Note: if the issue is which is the proper court at this time....no jurisdiction or other legal decisions have been made.
im sorry, im plaintiff, they removed, i remanded. It has notbeen ruled on. I remanded 2 weeks ago. I assume the judge has yet to rule on it.
If the motion to remand has not been decided, then the jurisdiction issue has not even come up yet. The federal vs state issue has to be decided first. Then whichever court has it will decide jurisdiction, motions to dismiss and any other applications. Some party jumped the gun here. Plus the court has the power to direct the defendant who didn't participate in the removal to go where the action goes.
You could have approved in the interest of judicial economy....courts love that. All that meant was the court would decide federal v. state court and the judge in whichever prevailed would decide the motion to dismiss.
thnk you for a very thorough answer
Thanks. My pleasure.
NYC Personal Injury Trial Attorney for 30+ years; Law professor; Arbitrator; Psychotherapist.
Let me know how things turn out. Your case really intrigues me.rvlaw
hi, i believe i may already have answered this inquiry? However, let me know if you need further information. BTW, Thank you all so much for all the help, this case owuld be dead months ago if not for this website. The other attyorneys are confused (and downright indignant- i kid you not) about how some frozen caveman lawyer like me, who made so many mistakes in the beginning of this lawsuit, is now givng them a run for their money. hahah
Many laymen are smarter than lawyers hahaha
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