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Albert Marmero
Albert Marmero,
Category: Legal
Satisfied Customers: 197
Experience:  Partner at Long, Marmero, & Associates, LLP
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I'm a pro se plaintiff in a tort case against a previous

Customer Question

I'm a pro se plaintiff in a tort case against a previous landlord. I have two pending motions; one for Summary Judgment arguing the defendant has failed to make discovery, the other to compel oral depositions, as 2 of 3 deponents failed to appear. Opposing counsel has filed a cross-motion for Summary Judgment, along with an opposition to my motion to compel.
The day prior to the return date of both motions I received an email from opposing counsel that the Judge has carried over the motion for Summary Judgment 2 weeks, and that the Judge has, "...not made up his mind as to what to do with the motion to compel...".
Any idea what this means? In other words, why wouldn't the Judge just carry over the motion to compel, as well? Is the Court trying to send to the defendant a message?
Submitted: 1 year ago.
Category: Legal
Expert:  Albert Marmero replied 1 year ago.

Good morning. I am a New Jersey attorney and one of my practice areas includes landlord-tenant. It's pretty rare for a judge to just decide to postpone a summary judgment motion so I am guessing there is more to this. Did the Court contact you, or only opposing counsel? If it was only opposing counsel, my guess is the attorney sought a postponement for some reason, possibly for being overbooked, and the Court granted the postponement and asked him to notify you. This happens all of the time so I wouldn't worry about it. As for the motion to compel, that would get postponed too so the Judge can handle them both together. So my assumption is that got carried over as well and not that the "judge has not made up his mind."

If you give me the name of the case, I can access the court database and let you know what is says for a status on each motion.

I hope this is helpful. Please provide a rating so I receive credit for promptly responding to you. Also, feel free to ask follow up questions. Thanks!