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1) I have to answer a motion to dismiss where I am the

Second opinion] Hello 1) I have...
Second opinion] Hello
1) I have to answer a motion to dismiss where I am the Plaintiff in US District Court. Will the judge grant me an extension to answer past the 21 days if I request it, if so what would be the norm on the number of days to extend, I would like 30 days? I am prose, working full time and very stressed.
2) If I do not include in my response to the defendant s motion to dismiss memorandums of law but answer everything else, will that suffice the court?
3) The defendants counsel in the above chose the district judge to hear the motion for dismissal and I do not want that judge I want the magistrate which is what I'm stating in my case management plan. Do they have a right to chose the district judge, should I not decide the judge as I'm the plaintiff?
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Customer reply replied 8 months ago
Hello
1) I have to answer a motion to dismiss where I am the Plaintiff in US District Court. Will the judge grant me an extension to answer past the 21 days if I request it, if so what would be the norm on the number of days to extend, I would like 30 days? I am prose, working fulltime and very stressed.
2) If I do not include in my response to the defendant s motion to dismiss memorandums of law but answer everything else, will that suffice the court?
3) The defendants counsel in the above chose the district judge to hear the motion for dismissal and I do not want that judge I want the magistrate which is what I'm stating in my case management plan. Do they have a right to chose the district judge, should I not decide the judge as I'm the plaintiff?
Customer reply replied 8 months ago
Hello
Answered in 1 hour by:
11/14/2017
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,060
Experience: Retired
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Hello...you asked:

1) I have to answer a motion to dismiss where I am the Plaintiff in US District Court. Will the judge grant me an extension to answer past the 21 days if I request it, if so what would be the norm on the number of days to extend, I would like 30 days? I am prose, working fulltime and very stressed.

A: Generally, the court will grant an extension if you make your request in writing (motion to extend time to respond to complaint) before the end of the 21 day time limit.

2) If I do not include in my response to the defendant s motion to dismiss memorandums of law but answer everything else, will that suffice the court?

A: The memorandum of law is the most important part of a responsive pleading. Without the memo, you're not responding.

3) The defendants counsel in the above chose the district judge to hear the motion for dismissal and I do not want that judge I want the magistrate which is what I'm stating in my case management plan. Do they have a right to chose the district judge, should I not decide the judge as I'm the plaintiff?

A: A party can request that the judge rather than the magistrate hear the motion. There is no provision to request a different judge, unless you ask the judge to recuse him/herself. However, the chance of that happening is practically zero. U.S. District Court judges are appointed by the President of the USA for life, and they pretty much do as they please.

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 (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,060
Experience: Retired
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Customer reply replied 8 months ago
I need a lawyer to help me with a large complaint I filed last August in NY at a per minute charge. I have the motion to dismiss by the defendants now due in 21 days and a motion to dismiss based on sovign immunity coming up by the state and I need help by a non conflicting atty. Can you offer any suggestions.

I'm not licensed in NY, and I have no specific suggestions to offer. I wish it were otherwise.

Thanks for using Justanswer!

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Customer reply replied 8 months ago
No worries, but it is a US District Court complaint. Thank You and have a great day.

That you are in U.S. District Court makes no difference. Licenure in NY State is required. Thanks again for using Justanswer!

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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).

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