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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 56831
Experience:  Licensed attorney helping individuals and businesses.
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In federal court (ERISA case) I filed a complaint, defendants

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In federal court (ERISA case) I filed a complaint, defendants filed motions to dismiss, I filed an amended complaint (judge then dismissed all motions to dismiss as moot) and now defendants time to answer or otherwise respond is almost up. I am expecting new motions to dismiss, so how long do I have to respond to the motions, 14 days? Also, does one of the parties have to request a motion hearing on these or are they automatically ruled on?

INFOLAWYER :

Hello and thank you for the question.

INFOLAWYER :

You would have 14 days by default, but the court will often set a briefing schedule

INFOLAWYER :

you may also agree with the moving side on a schedule

INFOLAWYER :

the court typically will take the motion and decide it on papers

INFOLAWYER :

if you want oral argument, you may request it

INFOLAWYER :

the court will decide if it wants oral argument

INFOLAWYER :

some judges schedule it as needed and it can vary from judge to judge

INFOLAWYER :

so best to check on oral argument and briefing schedule with the judge's clerk and if published, the judge's individual rules

INFOLAWYER :

I trust the answer is fast and clear, and would ask that you rate it positively

Customer:

So 14 days to respond to any answer / motion filed on an amended complaint just like an original complaint?

INFOLAWYER :

Yes

INFOLAWYER :

but

INFOLAWYER :

often the court will give more time

INFOLAWYER :

through briefing schedule

INFOLAWYER :

30 days is quite common

INFOLAWYER :

Good luck!!

Customer:

Briefing conference = rule 16(b) scheduling and planning conference? We have one set but not till 8/26/13. Answers are due on 7/31/13.

INFOLAWYER :

which the court can set and usually will set when motion is filed

INFOLAWYER :

schedule for the motion

INFOLAWYER :

No

INFOLAWYER :

if judge's clerk doesnt do it automatically you may inquire about dates

INFOLAWYER :

Is the answer acceptable?

Customer:

You lost me. The judge will set a briefing conference after the motions are filed but before the response is due? And is the rule 16(b) conference different from the briefing conference?

INFOLAWYER :

16b conference is on the case as a whole

INFOLAWYER :

but on the motion, the court will usually set dates for opposition and reply soon after motion is filed

INFOLAWYER :

so I would reach out to the clerk and find out if the judge will do that on the pending motion

INFOLAWYER :

Hope that clarifies it

Customer:

OK, I'll give that a shot thanks

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