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FOR LAW EDUCATOR ONLY ¡Buenas noches! Law Educator Thank you…

FOR LAW EDUCATOR ONLY¡Buenas noches...
FOR LAW EDUCATOR ONLY¡Buenas noches! Law EducatorThank you for taking time to review my questions and provide a response.By some wild chance the court grants the ultimate sanction (I win and the case is over)
How does the court decide the monetary award? Do they ask you to submit the amount?Does one put it in the OSC response where one prays to the court for the ultimate sanctions based on defendant counsels based on continued dilatory tactics and refusal to comply with court orders--plaintiff seeks "X" amount for award and ask that 15 USC and USC 15a be applied
OR if its based on what was supplied in previous pleadings "... dilatory tactics ....court orders-- plaintiff seeks "X" amount under frcp 54cThank you
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Answered in 21 minutes by:
10/7/2017
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 121,799
Experience: Attorney with over 24 years of law and traffic law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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The court will have to look at all the information you submitted on damages to determine if you should receive what you have asked for. You need to ask for the amount you believe you are entitled to in your prayer for judgment part of your MSJ and in the OSC. You need to aks for the amount you are seeking your judgment for. So in the OSC you would say that based on the misconduct of the defendant you are asking for judgment in your favor for $X.

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Customer reply replied 4 months ago
Thank you for your reply
I have 4 follow-up queries. Please see below:1--Where does the utilisation of 15 USC or rule 54c fit into the equation? I DO NOT want the court to rule based on the amount submitted to the court in a pleading (the suit was written under whatever the base amount for going into fed court plus)
2--Now that my expenses are much more, I want to be sure going this route I do not hurt my chance for the better award
.
3--Is there a rule like 54c or 15 USC that I would ask the court in my OSC judgment or MSJ?4--If I get the leave to file MSJ, I know I attach supporting documentation to support my request. Is that similar for the OSC or is it not necessary for the latter?

Thank you for your reply.

1) YOU have to ask for those damages in end of your pleading when you tell the court what you want them to do, so you tell the court you want them to award you $X plus damages pursuant to 15 USC and 54c as the court believes is fair and just.

2) You need to tell the judge how much you want, if you do not tell the court in your pleadings how much you want them to award, they cannot award it to you.

3) You would ask for both 54c and 15 USC 15 in your OSC and MSJ, those are the rules not "like the rules".

4) You can attach supporting documents to any pleading and you need to do so.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 121,799
Experience: Attorney with over 24 years of law and traffic law
Verified
Law Educator, Esq. and 87 other Traffic Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you for your reply.
This is exactly what I require.

Thank you

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