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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 18372
Experience:  Licensed to practice before state and federal court
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I have been involved in a civil litigation (federal). My

Customer Question

I have been involved in a civil litigation (federal). My initial complaint in the U.S. District Court for Middle Tennessee was dismissed. I appealed to the 6th Circuit and the Appeals court upheld the District Court's dismissal. I LATER found additional evidence that supported my complaint and filed a motion to vacate the original district court judgment. The District Court denied my motion to vacate on the grounds that the "time" allotted for a response was over the time limit allowed. The new evidence was very relevant but the motion to vacate was dismissed. I again appealed to the 6th circuit and the appeals court again upheld the district court's dismissal. Even though the "rules" stipulate a time frame allotted for response, does a court/judge have the "discretion" to overlook or ignore the allotted response time, especially if the new evidence presented is very relevant and could change the outcome of the case?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Original case filed in U.S. District Court for Middle Tennessee and Appeal was filed in the U.S. Court of Appeals for the 6th Circuit. My case has NEVER been adjudicated on the FACTS of the case. The only reason that the time frame was not met was that document evidence was not available and/or located until a period of time AFTER the case was dismissed. This is a federal case where I filed suit against a branch of the U.S. Government - the Board for the Correction of Naval Records.
JA: Has anything been filed or reported?
Customer: I just received the Appeals Court's decision to uphold the District Court's dismissal of my motion to vacate TODAY! This case was first filed in 2009 and it has been going on since then. This last appeal was my final opportunity UNLESS I can somehow show that the District Court and/or Appeals Court can overlook the response time frame because the evidence is so strong. But, both courts has adhered strictly to the rules and stated that the timeframe for filing my response (with new and relevant evidence) exceeded the time limit stated in the rules
JA: Anything else you want the lawyer to know before I connect you?
Customer: I believe that is it. This case has been ongoing for many years. Basically what it is about is this: my military service records for the time I served in Vietnam are incorrect. I filed a claim with the board for the Correction of Naval Records (BCNR) to have my records corrected. After three years (2006-2009) the BCNR said they would not make the changes to my records and said my only recourse was to file suit against the government. That is what I did in 2009 and it has ben ongoing since, until the Appeals court decision dated May 22, 2017.
Submitted: 1 year ago.
Category: Legal
Expert:  Legal Eagle replied 1 year ago.

Hello! My name is ***** ***** I am an attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question? By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

Expert:  Legal Eagle replied 1 year ago.

I'm sorry to hear about your situation. Unfortunately, on appeal, a judge will look to whether the law was misapplied. They leave the issues of facts to be disputed by the lower courts and will only look to see if the law was misapplied to the facts.

Expert:  Legal Eagle replied 1 year ago.

I certainly wish I had better news for you. It's terrible you're having to deal with that, but I'm willing to talk this through with you as needed because follow up questions are free.

Customer: replied 1 year ago.
Please contact me on my cell phone -(###) ###-####as I will not be available to answer my home phone which was provided earlier(###) ###-####. Thank You.
Expert:  Legal Eagle replied 1 year ago.

Darn, it looks like the payment option failed. You may want to try a new credit card or PayPal account so we can talk on the phone.

Customer: replied 1 year ago.
I was contacted by my credit card security department to confirm if I had indeed wanted to pay the amount (if the amt. charged ($59) was legitimate) I confirmed that it was and they told my me account was now available. The $59 dollars has already been charged to my account.
Expert:  Legal Eagle replied 1 year ago.

Roger that. But you may want to contact our customer care team (click here) to make sure everything is good on their end. I'm available for about another 2.5 hours to speak with you. If not, we can always connect tomorrow.