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Hello there. My name is***** am an attorney and am happy to help. Please remember I can only provide general legal information and not specific legal advice as there is no attorney-client relationship here.
Before I can help, I need some more information. After you filed the complaint, did the defendant file an Answer? What is the status of the case?
Ok, I understand. So you have to oppose the motion, if you haven't already. What exactly is your question or what information are you looking for?
Well if they filed a motion to dismiss, there is no motion for a change of venue correct? So your only real option if you want the case to move forward is to file an opposition and see how the judge rules.
Why did you file in New York, do you live in the Northern District of New York?
Thank you for clarifying. Since the venue issue is not being argued in the current motion I would put that issue aside.
In your Opposition papers you need to address their arguments requesting dismissal based on lack of personal jurisdiction, subject matter jurisdiction and sovereign immunity. Research any potential relevant legal arguments in your favor and apply it to this situation. I know you filed pro se, however I would really recommend consulting with and retaining an attorney who will be much more familiar with these issues, the procedure in federal court and is likely to be more successful in defeating the motion (if it's possible). A lot of attorneys take personal injury cases on contingency, meaning they only get paid if you win so there is no upfront cost to you.
Lexis Nexis and Westlaw are the legal research databases attorneys use. However, you have to pay for these services. If you have access to a law library, I would try to find a text or digest referencing federal rules of civil procedure and then look in the index or table of contents for subject matter jurisdiction etc. You can do a google search for law review articles or samples of opposition papers to motion to dismiss.
Again, I encourage you to consider finding an attorney who will take the case on.
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Best of luck to you!