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Recent Motion to Strike questions

I have rewritten a few times reasons for 12f strikes and 12c

I have rewritten a few times reasons for 12f strikes and 12c motions against the answers from defendants. Tomorrow will be the last day that I can respond and I want to run them by you for close analysis and opinions if you are available.

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CalAttorney2

Attorney

Doctoral Degree

20,178 satisfied customers
Since the defendants filed under 12b6 / 12f and not rule 12c

Since the defendants filed under 12b6 / 12f and not rule 12c and I wrote my responses to those motions. Should I also make amends to my complaint, or will the responses suffice in addition to the compliant?

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CalAttorney2

Attorney

Doctoral Degree

20,178 satisfied customers
Filing a Motion to Strike Appellee Brief today. Could I get

Filing a Motion to Strike Appellee Brief today. Could I get a proof reader? Thoughts to help solidify my position?Local Rule 2.7 (B) states:If the Court assigns an appeal to the accelerated calendar prior to the filing of briefs, briefs shall not exceed 15 pages in length excluding table of contents, lists of authorities, and appendix. Appellant's brief shall be filed within 15 days after the date on which the record is filed. Appellee's brief shall be filed within 15 days after service of Appellant's brief. A reply brief shall not be filed unless ordered by the Court.This case was assigned to the accelerated calendar by Magistrate's Order on August 2nd, 2016, prior to either brief being filed. As such, no extensions will be granted.The rule is clear. It is not discretionary as it uses the word "shall." The Defendant-Appellee Brief is 25 pages long and exceeds the allowable page length under this rule. As an attorney, Mr. Tomb should be required to follow the same rules as a pro se litigant. Further instead of sticking to the facts of the case, the Brief is riddled full of false information. The Appellee makes states as law that are not, he argued facts of the case that were known to the court prior to the last post motion decree, and among other things claimed that the Appellee was reading from the Separation Agreement when in fact as indicated by the transcript, she was reading from the State Standard Order.This Court has, sua sponte, dismissed the Appellant's motion for Emergency Stay due to a violation of App. R.7(A).The Appellant and her children have been prejudicated by the delay that this ignorance of the rule has caused. Each day that the appeal is further delayed is another day that is harmful to the children because they are away from the rightful custodial parent to whom they have more closely bonded.The Plaintiff—Appellant, now respectfully ***** ***** court to strike the Appellee Brief with prejudice, and proceed under rule 2.7 (C) as if the brief has not been filed, accept the appellant's statement of the facts and issues as correct and reverse the judgment held by the trial court.

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David Stewart

Vice President Legal Affairs

Juris Doctor

186 satisfied customers
I received a Judgment for the plaintiff (me) "case defaulted

I received a Judgment for the plaintiff (me) "case defaulted on defendant's failure to comply with prior Orders" in NH Small Claims. Defendant never responded to my motion for a default judgment during the 10 days he had to (or after). Judgment was rendered and all parties notified. 30 days to pay me (which he never did) or respond to the court about the motion or judgment the judgment during that 30 day period. I filed a motion for periodic payments and 3 days later he has an attorney (now) and he files a motion to strike Default Judgment. Is that even an option at this point. 1. missed deadline to dispute my motion (10 days). 2. missed deadline to pay me per court orders (30 days). 3. missed window to appeal to NH Supreme Court on basis of law (30 days). Is this something I need to be concerned about or is defendant just wasting everyone's time.

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CalAttorney2

Attorney

Doctoral Degree

20,178 satisfied customers
I am representing myself Pro Se in a breach of contract

I am representing myself Pro Se in a breach of contract civil case. Originally the defendant was also representing himself Pro Se, and actually filed his signed answer to the complaint with the court. The judge issued a Scheduling Order, advised both of us to get a lawyer, and gave us both until Sept. 18th, 2015 to add third parties or file amended motions. On Sept. 18th an attorney for the defendant filed his Entry of Appearance, filed a Motion to Amend Answer, Motion to Assert Affirmative Defenses, and a Motion to File Counterclaim. The judge allowed it. In the defendant's original answer he admitted 15 of the 19 allegations. In his amended complaint he denied 18 of the 19 allegations. I filed a Motion for a Partial Judgment on the Pleadings based on the defendant's Original Answer to Complaint and a Motion to Strike Defendant's Affirmative Defenses and Counterclaim, but the judge denied it. We proceeded to Discovery. I filed my list of expert witnesses and propounded my Interrogatories, Requests for Admission and Production of Documents. The defendant requested no discovery, nor did he respond to my discovery requests. I filed a Motion to Compel, which the judge granted. He gave the defendant 30 days to respond. Time was up on June 18th (Saturday) so the defendant had until 5 p.m. on Monday to file. Nothing was filed on Monday. On Wednesday, the 22nd, the defendant's attorney faxed a Notice of Service of Discovery Responses (dated June 20th) to the Court, along with the defendant's Answer to Requests for Admission. On Thursday, when I still hadn't heard from the defendant, I went to the clerk's office to see if anything had been filed. That's when I discovered that the Notice of Service and Answer to Request for Admissions had been faxed to the court. The clerk gave me a copy of a letter that was sent to the defendant's attorney advising him the clerk's office was unable to accept or time stamp faxed paperwork and that he would either have to mail in his documentation or file it in person, which the attorney did on June 22. I requested a copy of the General Docket. It was then I discovered that the attorney had also faxed his Entry of Appearance, Motion to Amend, Motion to Assert Affirmative Defenses and Motion to File Counterclaim on September 18, 2015 and then actually filed it three days later. The Entry of Appearance, Motion to Amend Answer, Motion to Assert Affirmative Defenses and Motion to File Counterclaim are all time stamped Sept. 21. (3 days late). At this point I am wondering if anything that's been filed by the defendant other than his original Answer to Complaint is even legal? Not only has the defendant not obeyed court ordered discovery (Not one of 81 document requests produced; responses to Interrogatories perfunctory, deficient and providing no substantive information ), his Answer to Request for Admissions is untimely, therefore deemed admitted, I'm not even sure if he is legally represented.Your thoughts?

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Dwayne B.

Juris Doctor

35,762 satisfied customers
This question is for law educator esq only please I am in

Good day this question is for law educator esq only pleaseI am in the process of writing up my objection as a pro se plaintiff against the defendants in my case who filed a motion to dismiss plaintiff's amended complaint and motion to strike prayer for punitive damages. I feel like I'm stuck. I was reviewing over the Florida Rules of Procedure and case law to back up my opposition to their motion but don't know if I'm on the right track. The defendants attorney state that some of my paragraphs in my amended complaint states opinion and not ultimate facts. these were the paragraphs they specifically attacked:he states my amended complaint violates fl rule of civil procedure rule 1.110(b)and (f) and accordingly needs to be dismissed. he states that my statements below contains allegations and not facts. he also states plaintiff has pled punitive damages wo complying w florida statute 768.72.I, Plaintiff has worked as a real estate agent for three years and has resided in Palm Beach County for six years. I Plaintiff has during all this time enjoyed a good reputation, both generally and in my real estate occupation.I, Plaintiff is informed and believes, and based on that information and belief alleges, that each of the defendants is legally responsible for the events and happenings referred to in this complaint, and unlawfully caused injuries and damages to plaintiff alleged in this complaint.A cause of action for libel under Florida law accrued in Florida because the defendants' libelous statements were published in Florida and viewed worldwide. The publication is libelous on its face. By publishing this defamatory statement, the Defendants intended to communicate to others the false statements in the online publication described in paragraph 9 above.The above-described publication was not privileged because it was published by the defendants towards the plaintiff when the plaintiff appeared as a witness against the defendants in a small claims case lawsuit in Palm Beach County. This case had nothing to do with Plaintiff's employment or personal being. This same statement was verbalized by defendants in small claims court and also written and signed by defendants on their own letterhead.Said statements and unprivileged written publication by the defendants are libel per se and slander per se because the statements accuse I plaintiff of committing an act which is fraudulent and criminal which injured I plaintiff's reputation in my occupation and resulted in the loss of business. The defendant knew or should have known that the statements were false when made, or did not exercise reasonable care when publishing these false statements before transmitting and publishing these statements recklessly disregarding the truth or falsity of the statement.WHEREFORE, Plaintiff respectfully ***** ***** a judgment be entered against the Defendants, as follows: Awarding Plaintiff punitive damages and such other and further relief as this court deems appropriate.After reviewing case law and the florida rule of procedures I started to write:Comes Now I Plaintiff hereby submits this opposition to the Defendants',by and through their attorney Charles L. Jaffe, motion for a DISMISSAL PLAINTIFF'S AMENDED COMPLAINT AND MOTION TO STRIKE PRAYER FOR PUNITIVE DAMAGES. Plaintiff's amended verified complaint meets the standards governing the form of a complaint contemplated by the Federal Rule of Civil Procedure and the Complaint sufficiently alleges Plaintiff's harm and damages. Accordingly Defendants' motion to dismiss should be denied.I. PLAINTIFF'S CLAIMS ARE SUFFICIENTLY STATEDDefendants move to dismiss Plaintiff's amended complaint for (1) plaintiff's paragraphs 2,5,12 and 14 combine several allegations in each of those paragraphs and set forth opinions of plaintiff rather than setting forth ultimate facts. Defendant's by and through their attorney cite no valid authority to support the proposition that these paragraphs are missing any type of ingredients that does not comply with Florida Federal Rule of Civil Procedure. The Amended Complaint is not unintelligible or confusing and does not violate the Federal Rule of Civil Procedures. As Rule 8(a) requirement of “a short and plain statement of the claim showing that the pleader is entitled to relief “ has been met in plaintiff's Amended Complaint. The Amended Complaint has sufficient statements of claims specifically identifying the wrongful actions of the Defendants. Accordingly, Plaintiff “does not have to set out all relevant facts in his complaint” as per Rule 8 and “specific facts are not necessary in a complaint: instead, the statement need only give the defendant fair notice of what the claim…is and the ground upon which it rests.” Don't know if this is sufficient to oppose the other side, Is there specific case law or procedure that address this issue of opinions vs facts in a Complaint??

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
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

Attorney at Law

Juris Doctor

33,070 satisfied customers
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.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
I filed a Superior Court lawsuit against my home lender two

I filed a Superior Court lawsuit against my home lender two months ago. The defendants have answered my complaint with Jiberish Answers and I then did a Response to their Answers to my Complaint. We have not seen a Judge nor gone to the Case Management Conference yet. Now, I just received a "Notice of Motion and Motion for Judgment" from the Defendants. What should be my response to this, do I in turn file a Notice of Motion and Motion for Judgment as the Plaintiff or do I file an Opposition to Defendants Motion for Judgment or what? I need to know what you would suggest I do next to respond and am confused as to the manner in which they are proceeding.

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TJ, Esq.

Juris Doctor (JD)

10,864 satisfied customers
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