Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I halve to questions. In federal civil, how much does the…

Customer Question
I halve to questions....
I halve to questions. In federal civil, how much does the complaint need to change to re-file after a dismissed with pre-judice, after a 12(b)(1)(6) motion, when the defendent is the an agency off the US Government.
Second, what would you expect to happen in a pre-trial conference when an agencie off the US government is the defendant.
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 14 minutes by:
6/3/2015
Lawyer: socrateaser, Lawyer replied 2 years ago
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,894
Experience: Retired
Verified
Hello, The new complaint must state sufficient facts to demonstrate: (1) jurisdiction of the federal court; (2) the elements of at least one viable cause of action. Example: 1. Plaintiff alleges that he was an employee of Defendant ABC corporation on [date]. 2. On [date], Plaintiff filed a charge with the Equal Employment Opportunity Commission (EEOC). 3. Plaintiff alleged in the EEOC charge, and he realleges herein, that on [date]. Defendant's supervisor, ***** *****, told Plaintiff that unless Plaintiff would have sex with Defendant, that Plaintiff would be terminated from employment with Plaintiff's employment. Plaintiff alleges that the date of Defendant's threat was within 180 days of the date that Plaintiff filed his EEOC charge against Plaintiff. 4. Plaintiff alleges that Defendant employer employs at least 15 employees, and that employer paid wages to Plaintiff while Plaintiff worked for Defendant employer within the State of Montana, County of [county]. WHEREFORE, Plaintiff prays for damages against Defendant in the amount of $300,000, plus lost wages and benefits, attorney's fees, costs of suit and such other relief as the court deems just. Respectfully ***** ***** Okay, without getting into the details, the simple complaint above makes out a complaint for sexual harassment. It provides all of the necessary factors to make out a claim for which relief may be granted. Therefore, the complaint satisfies the requirements of Fed. R. Civ. P. 12(b)(6). That's what you need to do, for each and every claim that you make in your U.S. District Court complaint. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Ask Your Own Legal Question
Customer reply replied 2 years ago
I made several serious complaints to federal law enforcement. When I asked for the results off the investigation, I was issued a FOIA denial letter. I submitted the complaint pro-se in federal court and was dismissed on a 12(b)(1)(6) motion with prejudice because I paraphrased, and did not include the record request. I halve these document's. Can I re-file exactly as is under the same point off law with just a more legally complete complaint that includes the request for investigations and the actuall record request, even though I was dismissed with Prejudice on a 12(b)(1)(6) motion
Lawyer: socrateaser, Lawyer replied 2 years ago
You're asking me to tell you what you must specifically do to refile the complaint. The only way I could provide you with a definitive answer would be to review all your facts and actually draft the complaint. However, based on what you describe, the answer is, "yes," if you provide a legally complete complaint, then you can refile it, and avoid a 12(b)(6) dismissal. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Ask Your Own Legal Question
Customer reply replied 2 years ago
So the fact that I was dismissed with pre-judice on a 12(b)(1)(6) doesn't matter as long as I can correct the defencies on the complaint. I can still re-file and sue the entity off the federal Government?
Lawyer: socrateaser, Lawyer replied 2 years ago
Oh...I misread your question. I thought that the case was dismissed "without prejudice." If the case was dismissed "with prejudice," then you would have to appeal the dismissal, or file a motion for relief from the dismissal order (FRCP 60), and try to show that the court erred in not granting leave to amend your complaint. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Ask Your Own Legal Question
Customer reply replied 2 years ago
I halve a pre-trial conference. Can you in ten minutes let me know what to expect
Lawyer: socrateaser, Lawyer replied 2 years ago
If your case was dismissed, then how can you possibly have a pretrial conference?
Ask Your Own Legal Question
Customer reply replied 2 years ago
I halve allot off these Privacy act denials against several entities off the US Government. I learned from my mistake, the government attorney could not find a legal reason to dismiss me. So I am told I will now halve a pre-trial conference scheduled.
Lawyer: socrateaser, Lawyer replied 2 years ago
Okay. Well, If you want to talk to me off line, then I can send you an additional services offer. But, I bill by the hour, regardless of how long a phone call or email correspondence takes, so it really doesn't matter if you want to limit the correspondence to 10 minutes. Just let me know what you want to do. No hard feelings either way.
Ask Your Own Legal Question
Customer reply replied 2 years ago
What is your hourly rate, If you gave me an honest hour, do you think you could pre-pair me for the pre-trial. Are you godd with government suits. 5 USC 552(a)(g)(1)(b) is the point off law. I'm told they are rare, should be friendly, could you advise me on this particular type off suite.
Lawyer: socrateaser, Lawyer replied 2 years ago
I would prefer to simply write up what you can expect and what you need to do, than spend an hour on the phone. It's too difficult to simply spit out answers off the cuff. Also, it seems to me that this ought not to be a pretrial conference already, but rather an initial case management conference with a scheduling order. If not, then we can talk about pretrial conferences, but that's a totally different thing. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Ask Your Own Legal Question
Was this answer helpful?
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,894
39,894 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am working on a legal malpractice claim in federal court.
I am working on a legal malpractice claim in federal court. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My daughter was sexually harassed,touched,grabbed and groped
My daughter was sexually harassed,touched,grabbed and groped repeatedly by a 14 year old boy in class. The boy was suspended and because of enough witnesses he was charged with assault and battery fir… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,868 satisfied customers
I have filed a notice of appeal in the district court, now i
i have filed a notice of appeal in the district court, now i have to file it in topeka, ks. i need to make sure i get this done right . i am now pro se. have contacted the kansas bar assoc. to no avai… read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
Can you appeal a criminal conviction after the federal court
can you appeal a criminal conviction after the federal court found it ruled in favor of the trial court … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I'm being sued in district court and have filed my answer.
Hi. I'm being sued in district court and have filed my answer. Now I want to file a countersuit. Can I file a countersuit after my original answer has been filed? … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
186 satisfied customers
My 13 yo daughter was sexually harassed (touched) by school
My 13 yo daughter was sexually harassed (touched) by school nurse son 14 yo during out of state field trip. I'm filing a civil suit against school and school nurse. With this case how much usually the… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,324 satisfied customers
I've been sexually harassed for 7 months. It's getting
I've been sexually harassed for 7 months. It's getting worse. I plan to leave my job but I want him to pay for what he did. I want to protect other women. Do I just go to an attorney or do I file a po… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
About evidences for civil district court. Can "character
Hi! About evidences for civil district court.Can "character evidence" be introduced at the day of trial, rather than the discovery period? I ask because the character evidences I have (text messages) … read more
Sean K
Sean K
Attorney/Member
JD
626 satisfied customers
I plan to sue in district court for tortious interference,
I plan to sue in district court for tortious interference, how much should I ask for? If it is too high, will the judge think it is a frivolous suit?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,324 satisfied customers
In federal court in a case with counterclaims does a
In federal court in a case with counterclaims does a stipulation to dismiss the case with prejudice also dismiss the counterclaims?… read more
Lori
Lori
Juris Doctor
1,369 satisfied customers
I have a US district court notice to appear for a violation
I have a US district court notice to appear for a violation of taking rocks from a national park. I am also getting a background check by a prospective employer. Will the violation show on my record p… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
What is the Statute of Liimitations in Federal Court for
What is the Statute of Liimitations in Federal Court for when restitution payments will end. I was told by my attorney 20 yrs. ago that it woud end after 25 yrs. or when I turned 65yrs. I am presently… read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
I was a bail bond agent (retired 7/1/2017) A district court
i was a bail bond agent (retired 7/1/2017) A district court waited 43 days after the defendant failed to appear. The court rules say the court "Shall" notify me-but does not give a time line. The dist… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I was sexually harassed on my job, I had to go to three
I was sexually harassed on my job , I had to go to three different managers before they talked to him, then after I went to them he approach me about it, & he said you know I have your number. He aske… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
My friend and I were sexually harassed by the deputy
my friend and I were sexually harassed by the deputy director of a dui program- non profit, he was terminated today based on the evidence that was presented- I think they may want to settle out of cou… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,324 satisfied customers
A procedural question - federal court and the filing of
A procedural question - federal court and the filing of amended complaints. When a judge has not yet ruled on your leave to file a SAC, and you might wish to replace the proposed SAC with a Second Ame… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,524 satisfied customers
I was sexually harassed at my work place. Can I be
I have been sexually harassed at work. They fired the person who harassed me but they didn't try to comp me, I'm damaged.… read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
I was sexually harassed at University in dc in the 1990's by
i was sexually harassed at Howard University in dc in the 1990's by the deputy comptroller. I did not file a claim because I was the primary income source at the time and was afraid of the mere fact o… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x