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Recent Motion to Strike questions

I live in Texas and I am being Sued by my Brother who lives

I live in Texas and I am being Sued by my Brother who lives in Oklahoma City. The lawsuit is over payments that I was making on a Tractor that we both bought in Texas when He still lived there. While he still lived in Texas we agreed that I would pay him what I could when I could. Later when he came over for a visit he asked that I pay him $200 a month. I told him I would try. This month I did not send him a check and he filed a small claims lawsuit against me in Oklahoma City. My question is whether or not this is a legal lawsuit?

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LawTalk

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Juris Doctor

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THIS QUESTION IS EDUCATOR ESQ. I AM pro se in a civil case

THIS QUESTION IS FOR LAW EDUCATOR ESQ.I AM pro se in a civil case in WPB Florida. I'm suing a company for slander/ defamation of character as they published an online publication defaming my name, career as a realtor because I was a witness in a case against them in small claims court. as such I served a verified complaint they received and the attorney for the defendants as filed a:"motion for additional time to answer complaint and to file a counter claim"I do not think they should be given additional time to answer the complaint and their allegation in this motion that I published a defamatory online publication on defendant is false and there is no merit in a counterclaim in which they state they want to file.How do I address this to the judge? Do I write a motion to deny defendant's request for additional time to answer complaint and file counter claim" and/or in addition do I request a UMC hearing on this matter with the judge chambers??Do you know the require timeframe that the defendants have to answer a complaint??

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Law Educator, Esq.

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Doctoral Degree

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The case in The Circuit Court County Maryland and it deals

The case in The Circuit Court for Howard County Maryland and it deals with a custody dispute.Scheduling Order States:ORDERED that all discovery shall be concluded by 06/09/16 ,except depositions and supplementation of responses as required by Rule2-401(e). Any modifications of this Scheduling Order must be requested bywritten motion filed before the compliance date(s). The motion must provide goodcause to justify the requested modification. Stipulations between the partiesand/or their counsel shall not change any deadline in this Scheduling Orderabsent Court approval. ALL DISCOVERY DISPUTES MUST BE RESOLVED BY THE DISCOVERYDEADLINE.Opposing Attorney sends a 26-page "Good Faith Letter to Resolve Discovery Dispute" letter dated July 8, 2016, stating various deficiencies concerning my responses to interrogatories and request for documents.Given the discovery has concluded a month prior do I need to respond to make any effort to further respond to discovery?In the event, I have no obligation to respond to these "deficiencies" that he states, which of the following ways should I respond to him?a. Send him a bare picture of my rear end and tell him to kiss it.b. Tell him when you snooze you loose.c. Do nothing, and wait for him to file a motion to compel to cause and let him charge my ex-wife for his mistakes to increase her bill, and then file a motion to strike his motion for it being untimely filed since discovery has come to a close along with discovery disputes.

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Phillips Esq.

Attorney

Juris Doctor

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I am in a lawsuit with my Ex. He is a law student and I am a

I am in a lawsuit with my Ex. He is a law student and I am a physician. His new girlfriend is a paralegal. He is suing me for tort and conversion for $200K because he left his hard drives here and I refused to take responsibility to ship them but told him he needed to arrange shipping or pick them up. I filed a XC because he owes me $5000 and he kicked me out of a business which we had a contract for and let his new girlfriend in. We are all pro per, and I do not know what I am doing.Both of them filed a demurrer to my XC. They have bullied me every step of the way, even recording me illegally. When she and I had our meet and confer, she did not tell me I was on a speaker phone and that he was in the room until we were half way finished. I sent both of them an email saying I was turning my previous attorney into the bar and they forwarded that email to my previous attorney (as well as multiple other emails to him) even after I asked them to stop. There is more. She also lied in her summary of our Meet and Confer.Here is my question: can I write all of this in my response to both of their demurrers? If not, is there a better way to make the Judge aware of this?

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Lucy, Esq.

Juris Doctor

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The Facts:1. I filed a complaint and writ of mandamus

The Facts:1. I filed a complaint and writ of mandamus together FL. R. Civ. P. 1.630 ExtraordinaryRemedies2. I filed for admissions3. The defendant never answered the admissions4. I filed for Summary judgment5. The plaintiff filed motion to strike the summary judgment because the judge had notintervened in the writ of mandamus6. I filed an amended complaint and removed the writ of mandamus from the complaint7. The defendant than filed for summary judgment set for June 26th.QUESTION:1. Are my admissions that I filed before the amendment still good?2. The defendant never answered can I still make the defendant answer those questions?How do I make the defendant answer ?The statute says after 30 days they admit. I really need the questions answered for thesummary judgment.Thank you ***** *****

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Albert Marmero

Juris Doctorate

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I'm going to court Friday court to hear my motion to

I'm going to court Friday for the court to hear my motion to compel discovery and the plaintiffs summary judgement. However, the plaintiff has started the exact same case with a different law firm.Does that mean that the original law firm no longer represents the plaintiff as it seems that the plaintiff cannot present the original contract for the loan that I'm compelling discovery on.They may be disappointed with the original law firm. What should I say to the judge on Friday about this new action?

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William B. Esq.

Attorney

Doctoral Degree

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Facts 1. I filed Judgment on failure to answer

Facts1. I filed for summary Judgment on failure to answer Admissions2. I requested hearing dates for notice of hearing3. The defense attorney filed for case management conference4. During the case management conference the Judge told the defense attorney he had 10 days to answer admissions5. The defense attorney filed for summary judgment and did not mention admissions6. The hearing is June 29th7. Can I file motion to strike and sanctions for failure to answer additions8. If not how can I use the failure to answer discovery admissions in the summary judgment hearingThanks Steve

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Ray

Lawyer

Doctoral Degree

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The judge said to my motion n.2 " Replies to opposition are prohibited without leave

The judge said to my motion n.2 " Replies to opposition 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 file moot. see supra Part II(A)-(D) at 2-4.If it is moot how can I ask permission? What do I say to ask the court permission to resubmit the 2nd motion? Instead of saying a motion can I say a reply or objection to the plaintiff's ?

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Lucy, Esq.

Juris Doctor

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I have a procedural question regarding Sec. 10-6 of the Connecticut

I have a procedural question regarding Sec. 10-6 of the Connecticut Practice Book.In January I filed a pro se complaint for a declaratory judgment in the Superior Court for the JD of New Haven. The return date is March 1, 2016. The defendant's attorney file his appearance on April 24.Connecticut Practice Book Sec. 10-6 provides as follows:Sec. 10-6. Pleadings Allowed and Their Order:The order of pleading shall be as follows:(1) The plaintiff's complaint.(2) The defendant's motion to dismiss the complaint.(3) The defendant's request to revise the complaint.(4) The defendant's motion to strike the complaint(5) The defendant's answer (including any special defenses) to the complaint.(6) The plaintiff's request to revise the defendant's answer.(7) The plaintiff's motion to strike the defendant'sanswer.(8) The plaintiff's reply to any special defenses.Sec. 10-8. Time to PleadCommencing on the return day of the writ, summons and complaint in civil actions, pleadings,including motions and requests addressed to the pleadings, shall advance within thirty days from the return day, and any subsequent pleadings, motions and requests shall advance at least one step within each successive period of thirty days from the preceding pleading or the filing of the decision of the judicial authority thereon if one isrequired, except that in summary process actions the time period shall be three days and in actions to foreclose a mortgage on real estate the time period shall be fifteen days. The filing of interrogatories or requests for discovery shall not suspend the time requirements of this section unless uponmotion of either party the judicial authority shall find that there is good cause to suspend suchtime requirements.To date the defendant has not filed a responsive pleading of any kind. My question, therefore, is this: Where the defendant has failed to file a response of any any kind to my complaint within thirty days of the return date, is the defendant in default for failure to plead?In a related matter, Connecticut Practice book Sec. 17-44. Summary Judgments; Scope of Remedy,provides as follows:In any action, including administrative appeals which are enumerated in Section 14-7, any party may move for a summary judgment as to any claim or defense as a matter of right at any time if no scheduling order exists and the case has no been assigned for trial. If a scheduling order has been entered by the court, either party may move for summary judgment as to any claim or defense as a matter of right by the time specified in thescheduling order. If no scheduling order exists but the case has been assigned for trial, a party must move for permission of the judicial authority to file a motion for summary judgment. These rules shall be applicable to counterclaims and cross complaints, so that any party may move for summary judgment upon any counterclaim or cross complaint as if it were an independent action. The pendency of a motion for summary judgment shalldelay trial only at the discretion of the trial judge.Question: Does section 17-44 of the Connecticut Practice book allow me to file for summary judgment at this time (keeping in mind that the defendant has yet to file a response to my complaint) ?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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