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I have a law suit where I am acting Pro Se regarding interstate

illegal intercepts violations. There...
I have a law suit where I am acting Pro Se regarding interstate illegal intercepts violations. There are multiple defendants and with multiple motions I missed answering one of their motions regarding them wanting a change of venue. Florida law states that the venue is in Florida even though they did it from Ohio. I never got the chance to argue before the judge because of missing the response time of 21 days and the venue got changed to the other state. The complaint was served on July 11th and they were supposed to respond by July 30th.

The lack of responding to the motion for change of venue was the basis for the judge to change the venue to the other state on August 20th. My question is because of the venue change to the new court does that change the amount of time the defendants had to answer the original complaint? Or does the original time line apply from the time they were served in Florida even though now the venue is in the other state?
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9/3/2012
Richard - Bizlaw
Category: Business Law
Satisfied Customers: 10,703
Experience: 30 years of corporate, litigation and international law
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bizlaw :

Is the case in federal or state court? Where did the case get transferred to?

Customer:

It's in federal court and in Ohio.


 


 

bizlaw :

Give me a little time and I will be back to you

Customer:

of course


 


 

bizlaw :

The time would be no more than 14 days from the date of the transfer order.


If you need further help please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more".This is considered a negative rating against me.


Just reply to me via the "CONTINUE CONVERSATION" or "REPLY" button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.


Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.



This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication

Customer:

So since they didn't respond to the original complaint is it possible to go for a summary judgement?


 

bizlaw :

If they do not respond you make a motion to enter default judgment not for summary judgment.

Customer:

So since the date of the transfer order was August 20th then 14 days from that would be September 3rd so after that date I could go for default judgement?


 


 

bizlaw :

Yes.

Customer:

Can I ask you one more question?


 


 

Customer:

I initially filed this same complaint in state court and in federal court in Florida and I only filed the
state charges in Florida. The defendants moved the state complaint to federal
without me realizing it until afterwards. I filed a Remand to have the state
complaint returned to the state court. I filed the Remand in the federal court
and it was never ruled on. I don't know now that the judge moved the venue of
the case (that I didn't even have a response in on) whether the Remand will
still be ruled on or if it is a moot point at this point?

bizlaw :

I suggest you contact the judge about the status of the remand because the court should not have ruled on the venue motion until it resolved the remand. Before taking any action, I would speak to the judge's clerk because if the case is to be remanded, it does not have jurisdiction to resolve the venue issue.


If you need further help please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more".This is considered a negative rating against me.


Just reply to me via the "CONTINUE CONVERSATION" or "REPLY" button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.


Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.



This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication

Customer:

How do you bring up to the court that they never ruled on the remand issue?


 

bizlaw :

You call the judge's chambers and ask to speak to the judge's law clerk. That is the fatest way to get a response.

Customer:

Wonderful. Thank you so much! This has been very helpful.


 

bizlaw :

If I have answered your questions please rate my answer with one of the three highest categories.

Customer:

I will definitely put Excellent. Thanks again.


 

Richard - Bizlaw
Category: Business Law
Satisfied Customers: 10,703
Experience: 30 years of corporate, litigation and international law
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Richard - Bizlaw
Richard - Bizlaw
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Satisfied Customers: 10,703
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