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Foreclosure Extension Objection Strategy
Summary
You can object to the extension by highlighting the imminent foreclosure and the opposing attorneys non-compliance with local rules. Use the lack of action from the opposing attorney to postpone the foreclosure as evidence of potential prejudice. Ensure you file a pro se appearance to participate fully in the proceedings, even if planning to remand to state court. Consider seeking a temporary restraining order to halt foreclosure until the extension issue is resolved.Full Conversation
I informed the opposing attorney that his motion statement that I would not be prejudiced in any way was incorrect given the foreclosure scheduled within his requested extension timeframe. Giving him the opportunity to ask his client to postpone the foreclosure. He did not do so. Can I use this fact to support my argument?
Yes, you can certainly use the fact that you informed the opposing attorney about the foreclosure and that they did not take action to postpone it in support of your argument. This demonstrates that the opposing party had the opportunity to avoid causing you undue prejudice and chose not to do so. It strengthens your position that the extension would indeed cause significant harm.
Have you gathered all necessary documentation to support your objection, such as notices of foreclosure and communications with the opposing attorney?
Have you gathered all necessary documentation to support your objection, such as notices of foreclosure and communications with the opposing attorney?
Additionally, the attorney was supposed to comply with the court order; "Counsel who filed an appearance in this case prior to its removal must refer to Local Rule *.*.*(f) which states: Attorneys in Removed Cases. An attorney who is a member of the Massachusetts bar who represents a party in a case that has been removed to this court, and who filed an appearance in that case prior to its removal, may appear and practice in this court in that case upon payment of the fee and the filing of the certification required by subsection (e)(*) of this rule. There is not entry on the docket that this was done. How can I use this to support my arguments?
You can argue that the opposing attorney's failure to comply with Local Rule *.*.*(f) undermines their legitimacy to seek an extension. Highlight these points:
- Opposing counsel hasn't fulfilled the required certification and fee payment.
- Non-compliance questions their standing in court, potentially invalidating their motions.
- This procedural oversight further delays proceedings, adding to your prejudice.
Have you filed or prepared to file an affidavit outlining these points?
- Opposing counsel hasn't fulfilled the required certification and fee payment.
- Non-compliance questions their standing in court, potentially invalidating their motions.
- This procedural oversight further delays proceedings, adding to your prejudice.
Have you filed or prepared to file an affidavit outlining these points?
Just to make sure the docket entry says: "Counsel who filed an appearance in this case prior to its removal must refer to
Local Rule *.*.*(f)". If that was done should paying the fee and filing the certification under *.*.*(e)(*) be reflected on the docket?
Case Rating: *
Yes, if the counsel complied with Local Rule *.*.*(f) by paying the fee and filing the certification under *.*.*(e)(*), it should typically be reflected on the docket. You can use the absence of this entry to reinforce your argument about the opposing counsel's non-compliance.
Do you need any further assistance with drafting your objection or any other aspect of your case?
Yes, if the counsel complied with Local Rule *.*.*(f) by paying the fee and filing the certification under *.*.*(e)(*), it should typically be reflected on the docket. You can use the absence of this entry to reinforce your argument about the opposing counsel's non-compliance.
Do you need any further assistance with drafting your objection or any other aspect of your case?
The TRO issued in this case by the state court, before removal to the district courts stated in part: "....in the meantime, until such hearing [TRO hearing which did not happed due to the removal] , WE COMMA.NO YOU, Select Portfolio Servicing, Inc. and your agents, attorneys and counselors, and each and every one of them:
are enjoined from proceeding with the foreclosure auction scheduled on plaintiffs' property currently scheduled for February * *@*:* am". Does the language of the TRO extend to any subsequent rescheduled foreclosures (e.g.March *, *) until the hearing is held in the district court?
Case Rating: *
The language of the TRO specifies the February *, *, foreclosure auction. Typically, TROs are specific to the dates mentioned. However, you can argue that the intent of the TRO is to prevent foreclosure until the hearing occurs. It’s best to seek clarification from the district court.
Do you need help drafting a motion to clarify or extend the TRO?
The language of the TRO specifies the February *, *, foreclosure auction. Typically, TROs are specific to the dates mentioned. However, you can argue that the intent of the TRO is to prevent foreclosure until the hearing occurs. It’s best to seek clarification from the district court.
Do you need help drafting a motion to clarify or extend the TRO?
yes
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
Could you please provide your name?
Would you like to be connected to local lawyers who can better assist you with your case?
Could you please provide your name?
Do I need to file appearance as pro se. It appease that the court already has my information and address based on the infomration in the docket
Case Rating: *
You should file an appearance as a pro se litigant to formally notify the court that you are representing yourself. This ensures you receive all relevant communications and can fully participate in the proceedings.
Do you need help with the forms or any other part of the process?
You should file an appearance as a pro se litigant to formally notify the court that you are representing yourself. This ensures you receive all relevant communications and can fully participate in the proceedings.
Do you need help with the forms or any other part of the process?
what form would I use to file an appearance in mass dictrict court
Case Rating: *
To file an appearance in the Massachusetts District Court as a pro se litigant, you would use the "Notice of Appearance" form. This ensures that the court recognizes you as representing yourself.
Would you like more information on how to fill out and submit this form?
To file an appearance in the Massachusetts District Court as a pro se litigant, you would use the "Notice of Appearance" form. This ensures that the court recognizes you as representing yourself.
Would you like more information on how to fill out and submit this form?
should I do that even if I plan to remand to state court
Case Rating: *
If you plan to remand the case to state court, it's still a good idea to file an appearance to ensure the court has your information and you receive all notifications. This helps maintain your rights and participation in the proceedings.
Would you like more information on how to fill out and submit the "Notice of Appearance" form?
If you plan to remand the case to state court, it's still a good idea to file an appearance to ensure the court has your information and you receive all notifications. This helps maintain your rights and participation in the proceedings.
Would you like more information on how to fill out and submit the "Notice of Appearance" form?
I plan to Oppose the motion to enlarge time to file a responsive pleading opposing attorney (*) misrepresented by one day when his pleadings were due, and (*) misrepresented that I will not suffer prejudice (while the foreclosure of my property i scheduled within the expanded window). Additionally made statement "Defendants do not otherwise seek to delay these proceedings" implying that the court may perceive their motion as a delay tactic to allow the foreclosure to happen. What should I ask the court to do?
Case Rating: *
To oppose the motion effectively, you should ask the court to:
- Deny the motion to extend the time for filing a responsive pleading.
- Highlight the imminent harm due to the foreclosure scheduled within the extension period.
- Emphasize the false statements made by the opposing attorney.
- Ensure compliance with local court rules by the opposing attorney.
Would you like assistance in drafting your opposition or any other part of the process?
To oppose the motion effectively, you should ask the court to:
- Deny the motion to extend the time for filing a responsive pleading.
- Highlight the imminent harm due to the foreclosure scheduled within the extension period.
- Emphasize the false statements made by the opposing attorney.
- Ensure compliance with local court rules by the opposing attorney.
Would you like assistance in drafting your opposition or any other part of the process?
While the request for more time may seem legitimate unwillingness to volunteer the postponement of the foreclosure date in return for enlargement of time does not seem fair. I believe that time extension may be beneficial to me. Could I ask the court to require the Defendant to postpone foreclosure in return for time enlargement
Case Rating: *
Yes, you can ask the court to require the Defendant to postpone the foreclosure in return for the time extension. This would address your concern about the potential harm due to the foreclosure.
Would you like assistance in drafting this specific request to the court?
Yes, you can ask the court to require the Defendant to postpone the foreclosure in return for the time extension. This would address your concern about the potential harm due to the foreclosure.
Would you like assistance in drafting this specific request to the court?
yes
Case Rating: *
Sure, I can help with that. In your request, you can include the following points:
- State that you don't oppose the extension, provided the foreclosure is postponed.
- Emphasize the urgency and harm caused by the imminent foreclosure.
- Highlight the fairness of postponing the foreclosure in exchange for an extension.
Would you like more specific language or any other aspect of the request to be addressed?
Sure, I can help with that. In your request, you can include the following points:
- State that you don't oppose the extension, provided the foreclosure is postponed.
- Emphasize the urgency and harm caused by the imminent foreclosure.
- Highlight the fairness of postponing the foreclosure in exchange for an extension.
Would you like more specific language or any other aspect of the request to be addressed?
yes
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
Would you like to be connected to local lawyers who can better assist you with your case?
If I do not want to negotiate extension rather ask for default judgment based on lack of fair dealing, given the circumstances how likely would the court deny the defendants motion and issue the default judgment
Case Rating: *
To evaluate the likelihood of the court denying the defendant's motion and issuing a default judgment, consider the following points:
- The imminent foreclosure scheduled for March *, *, causing significant harm.
- Opposing attorney's lack of fair dealing and non-compliance with local court rules.
- Any prior communications indicating the defendant’s opportunity to avoid prejudice.
Would you like to provide more details on any previous rulings or interactions that might strengthen your argument?
To evaluate the likelihood of the court denying the defendant's motion and issuing a default judgment, consider the following points:
- The imminent foreclosure scheduled for March *, *, causing significant harm.
- Opposing attorney's lack of fair dealing and non-compliance with local court rules.
- Any prior communications indicating the defendant’s opportunity to avoid prejudice.
Would you like to provide more details on any previous rulings or interactions that might strengthen your argument?
Foreclosure was postponed due to my filing of objection. The Defendant plans to file a motion to dismiss my complaint. If they do so prior to march *, * (my deadline to remand to state court) can I I still file a motion to remand to state after their fing?
Case Rating: *
Yes, you can still file a motion to remand to state court even if the Defendant files a motion to dismiss before your deadline of March *, *.
Would you like assistance in drafting the motion to remand to state court?
Yes, you can still file a motion to remand to state court even if the Defendant files a motion to dismiss before your deadline of March *, *.
Would you like assistance in drafting the motion to remand to state court?
My objection pointed out that Defendant misrepresented to the court that I will not snuffer prejudice omitting the fact that foreclosure was scheduled before their requested extension date. The court ordered Defendant to report whether the sale will go forward. As a result the postponed the foreclosure to later date. At the end of there status report they said "The foreclosure sale was postponed in the interests of judicial economy and efficiency, and without admission of liability" This is clearly another misrepresentation. What can I do about that?
Case Rating: *
You could consider filing a motion to the court to highlight the Defendant's misrepresentations and request appropriate relief. Here are some steps you might take:
- File a motion to bring the misrepresentation to the court's attention.
- Request sanctions or other remedies for the Defendant's behavior.
- Ask for a more definitive ruling on the foreclosure postponement.
Do you need help drafting this motion?
You could consider filing a motion to the court to highlight the Defendant's misrepresentations and request appropriate relief. Here are some steps you might take:
- File a motion to bring the misrepresentation to the court's attention.
- Request sanctions or other remedies for the Defendant's behavior.
- Ask for a more definitive ruling on the foreclosure postponement.
Do you need help drafting this motion?
Courts ruled previously that "limited liability company is deemed to be a citizen of every state of which any of its members is a citizen." LLC is not a corporation. It appears that securitized trusts, which are also non- corporate entities would be citizens of every state where trusts investors reside. Could I use this argument as a basis for the lack of diversity jurisdiction in the district court and for the remand to the state court?
Case Rating: *
You can use the argument regarding the citizenship of the securitized trusts to challenge diversity jurisdiction. Here are key points:
- Limited liability companies and securitized trusts are non-corporate entities.
- They are deemed citizens of every state where their members or investors reside.
- This could potentially destroy complete diversity required for federal jurisdiction.
Would you like more detailed guidance on how to frame your argument for the motion to remand?
You can use the argument regarding the citizenship of the securitized trusts to challenge diversity jurisdiction. Here are key points:
- Limited liability companies and securitized trusts are non-corporate entities.
- They are deemed citizens of every state where their members or investors reside.
- This could potentially destroy complete diversity required for federal jurisdiction.
Would you like more detailed guidance on how to frame your argument for the motion to remand?
For litigation purposes are securitized REMIC trust considered business entities?
Case Rating: *
Securitized REMIC (Real Estate Mortgage Investment Conduit) trusts are generally not considered business entities like corporations or LLCs. Instead, they are treated as pass-through entities for tax purposes and may involve complex considerations regarding jurisdiction. This can impact arguments related to diversity jurisdiction.
Would you like more detailed guidance on jurisdictional arguments or any other aspect of your case?
Securitized REMIC (Real Estate Mortgage Investment Conduit) trusts are generally not considered business entities like corporations or LLCs. Instead, they are treated as pass-through entities for tax purposes and may involve complex considerations regarding jurisdiction. This can impact arguments related to diversity jurisdiction.
Would you like more detailed guidance on jurisdictional arguments or any other aspect of your case?
is it possible to sue the REMIC trust directly in lieu of trustee?
Case Rating: *
Generally, in Massachusetts, you would typically sue the trustee of a REMIC trust rather than the trust itself. The trustee is the legal entity responsible for managing the trust's assets and obligations.
Would you like more information on how to proceed with your case?
Generally, in Massachusetts, you would typically sue the trustee of a REMIC trust rather than the trust itself. The trustee is the legal entity responsible for managing the trust's assets and obligations.
Would you like more information on how to proceed with your case?
does massachusetts allow non-unanimous jury verdict
Case Rating: *
Massachusetts requires unanimous jury verdicts in criminal cases. So, non-unanimous jury verdicts are not allowed in criminal trials.
Would you like to know more about jury verdict rules in civil cases or any other specific legal matter?
Massachusetts requires unanimous jury verdicts in criminal cases. So, non-unanimous jury verdicts are not allowed in criminal trials.
Would you like to know more about jury verdict rules in civil cases or any other specific legal matter?
so massachusetts allows non-unanimous jury verdict in civil cases/
Case Rating: *
To answer your question:
- Massachusetts allows non-unanimous jury verdicts in civil cases. A verdict can be reached with the agreement of five-sixths of the jurors.
Would you like to know more about the specific process or any other legal matter?
To answer your question:
- Massachusetts allows non-unanimous jury verdicts in civil cases. A verdict can be reached with the agreement of five-sixths of the jurors.
Would you like to know more about the specific process or any other legal matter?
From what locality are the jury pools drawn for springfield, ma federal court?
Case Rating: *
Jury pools for the federal court in Springfield, MA, are typically drawn from the list of registered voters, licensed drivers, and other sources within the jurisdiction of the U.S. District Court for the District of Massachusetts. This includes residents from various counties in Western Massachusetts.
Is there anything more specific you need help with regarding your case?
Jury pools for the federal court in Springfield, MA, are typically drawn from the list of registered voters, licensed drivers, and other sources within the jurisdiction of the U.S. District Court for the District of Massachusetts. This includes residents from various counties in Western Massachusetts.
Is there anything more specific you need help with regarding your case?
From what locality are the jury pools drawn for hampshire superior court?
Case Rating: *
Jury pools for the Hampshire Superior Court in Massachusetts are generally drawn from residents of Hampshire County. This includes registered voters, licensed drivers, and other eligible residents within the county.
Do you need assistance with anything else related to your case?
Jury pools for the Hampshire Superior Court in Massachusetts are generally drawn from residents of Hampshire County. This includes registered voters, licensed drivers, and other eligible residents within the county.
Do you need assistance with anything else related to your case?
what are the considerations for voluntarily dismissing the complaint ubder MRCP *
Case Rating: *
Under Massachusetts Rules of Civil Procedure (MRCP) *, here are key considerations for voluntarily dismissing a complaint:
- Timing: Can be done without court permission before the opposing party serves an answer or a motion for summary judgment.
- Effect: Dismissal without prejudice allows refiling, while dismissal with prejudice prevents refiling.
- Costs: Court may impose costs or conditions on dismissal.
Do you need more specifics on any particular consideration?
Under Massachusetts Rules of Civil Procedure (MRCP) *, here are key considerations for voluntarily dismissing a complaint:
- Timing: Can be done without court permission before the opposing party serves an answer or a motion for summary judgment.
- Effect: Dismissal without prejudice allows refiling, while dismissal with prejudice prevents refiling.
- Costs: Court may impose costs or conditions on dismissal.
Do you need more specifics on any particular consideration?
what are the considerations for voluntarily dismissing the complaint under FRCP * if I later file a new complaint against the same Defendants in the Superior court
Case Rating: *
Here are some key considerations under Federal Rules of Civil Procedure (FRCP) * for voluntarily dismissing a complaint if you plan to file a new one in Superior Court:
- Timing: A dismissal without court order is allowed before the opposing party serves an answer or summary judgment motion.
- Prejudice: A dismissal without prejudice allows for refiling. Dismissal with prejudice prohibits refiling.
- Two-Dismissal Rule: If you dismiss a federal action for the second time, it's typically with prejudice.
- Costs: The court might impose costs or conditions on the dismissal.
Would you like more detailed information on any of these points?
Here are some key considerations under Federal Rules of Civil Procedure (FRCP) * for voluntarily dismissing a complaint if you plan to file a new one in Superior Court:
- Timing: A dismissal without court order is allowed before the opposing party serves an answer or summary judgment motion.
- Prejudice: A dismissal without prejudice allows for refiling. Dismissal with prejudice prohibits refiling.
- Two-Dismissal Rule: If you dismiss a federal action for the second time, it's typically with prejudice.
- Costs: The court might impose costs or conditions on the dismissal.
Would you like more detailed information on any of these points?
is Defendants Motion to Dismiss considered an answer?
Case Rating: *
In Massachusetts, a Defendant's Motion to Dismiss is not considered an answer. Instead, it is a pre-answer motion that challenges the legal sufficiency of the plaintiff's complaint.
Do you need assistance with how to respond to a Motion to Dismiss?
In Massachusetts, a Defendant's Motion to Dismiss is not considered an answer. Instead, it is a pre-answer motion that challenges the legal sufficiency of the plaintiff's complaint.
Do you need assistance with how to respond to a Motion to Dismiss?
is Defendants Motion to Dismiss filed in Mass District (federal) court considered an answer?
Case Rating: *
In federal court, a Defendant's Motion to Dismiss is not considered an answer. It is a pre-answer motion challenging the legal sufficiency of the complaint.
Would you like guidance on how to respond to the Motion to Dismiss?
In federal court, a Defendant's Motion to Dismiss is not considered an answer. It is a pre-answer motion challenging the legal sufficiency of the complaint.
Would you like guidance on how to respond to the Motion to Dismiss?
If I file a motion to remand to state court, and before that motion is decided the defendant files and answer would I be able to dismiss without prejudice under FRCP *?
Case Rating: *
Yes, you can still voluntarily dismiss your complaint without prejudice under FRCP *(a)(*)(A)(i) before the defendant serves either an answer or a motion for summary judgment. If the defendant files an answer before the court decides your motion to remand, you'll need to seek court approval for dismissal under FRCP *(a)(*).
Do you need help drafting your motion to remand or any other part of your case?
Yes, you can still voluntarily dismiss your complaint without prejudice under FRCP *(a)(*)(A)(i) before the defendant serves either an answer or a motion for summary judgment. If the defendant files an answer before the court decides your motion to remand, you'll need to seek court approval for dismissal under FRCP *(a)(*).
Do you need help drafting your motion to remand or any other part of your case?
What cations can I take if the Defendant files a motion to dismiss but failed to comply with the previous court order regarding compliance with local rule *.*.*(f), filing of certificate under *.*.*(f) is not reflected in the docket what would imply that no such action took place
Case Rating: *
If the Defendant didn't comply with the court order regarding Local Rule *.*.*(f), you can take the following actions:
- File a Motion to Strike their Motion to Dismiss due to non-compliance with the court order.
- Argue that their failure undermines their standing in court and the legitimacy of their motion.
- Request the court to enforce compliance with the rule before considering any motions from the Defendant.
Would you need assistance in drafting the Motion to Strike or any other related document?
If the Defendant didn't comply with the court order regarding Local Rule *.*.*(f), you can take the following actions:
- File a Motion to Strike their Motion to Dismiss due to non-compliance with the court order.
- Argue that their failure undermines their standing in court and the legitimacy of their motion.
- Request the court to enforce compliance with the rule before considering any motions from the Defendant.
Would you need assistance in drafting the Motion to Strike or any other related document?
yes
Case Rating: *
It sounds like you have a strong case that might benefit from the expertise of a local lawyer. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, I'll need to ask you a few questions to proceed.
Can you please provide your phone number?
It sounds like you have a strong case that might benefit from the expertise of a local lawyer. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, I'll need to ask you a few questions to proceed.
Can you please provide your phone number?
what is the meaning of "time will be of essence" in the foreclosure auction notice of sale?
Case Rating: *
"Time will be of the essence" in a foreclosure auction notice of sale means that the specified deadlines are critical and must be strictly adhered to. Any delays or failures to meet these deadlines can result in significant consequences, such as losing the right to object or bid.
Do you have any other questions about your foreclosure auction or need further assistance with your case?
"Time will be of the essence" in a foreclosure auction notice of sale means that the specified deadlines are critical and must be strictly adhered to. Any delays or failures to meet these deadlines can result in significant consequences, such as losing the right to object or bid.
Do you have any other questions about your foreclosure auction or need further assistance with your case?
the only time or deadline that was listed in the notice was the date and time of the auction. Are there any other potential deadlines that the "time will be of essence" may be referring to?
Case Rating: *
The phrase "time will be of essence" typically emphasizes the importance of adhering strictly to the specified deadline. In your case, the main deadline is the auction date and time. However, here are some potential considerations:
- Deposit Payment: Ensure timely payment of any required deposit if you win the auction.
- Final Payment: Adhere to the specified timeline for making the final payment after the auction.
Would you like more detailed guidance on any specific aspect of the auction process?
The phrase "time will be of essence" typically emphasizes the importance of adhering strictly to the specified deadline. In your case, the main deadline is the auction date and time. However, here are some potential considerations:
- Deposit Payment: Ensure timely payment of any required deposit if you win the auction.
- Final Payment: Adhere to the specified timeline for making the final payment after the auction.
Would you like more detailed guidance on any specific aspect of the auction process?
Local district court rule *.*(a)(*) requires that "No motion shall be filed unless counsel certify that they have conferred and have attempted in good faith to resolve or narrow the issue." The Defendant in my case sent me an email informing that they plan to file a motion to dismiss. Stating "I will be filing a motion to dismiss the complaint. I presume you will not agree so we can likely dispense with the meet and confer as futile. If, however, you want to discuss, please call me tomorrow in my office." What could I be discussing in this case?
Case Rating: *
You could discuss several topics with the defendant's counsel:
- Basis of the Motion: Understanding the grounds for their motion to dismiss.
- Amendment of Complaint: Discussing if you can amend your complaint to address the issues raised.
- Settlement Possibilities: Exploring any potential settlement or alternative dispute resolution options.
- Narrowing Issues: Attempting to resolve or narrow down the issues to avoid the motion.
Would you like assistance in preparing for this discussion or any other part of your case?
You could discuss several topics with the defendant's counsel:
- Basis of the Motion: Understanding the grounds for their motion to dismiss.
- Amendment of Complaint: Discussing if you can amend your complaint to address the issues raised.
- Settlement Possibilities: Exploring any potential settlement or alternative dispute resolution options.
- Narrowing Issues: Attempting to resolve or narrow down the issues to avoid the motion.
Would you like assistance in preparing for this discussion or any other part of your case?
Is it common that attorneys discuss the content of the filing before it is completed?
Case Rating: *
Yes, it's common for attorneys to discuss the content of filings before they are completed. This is often done to attempt to resolve or narrow the issues, ensure compliance with court rules, and potentially avoid unnecessary motions.
Do you have any further questions about your case or need more specific assistance?
Yes, it's common for attorneys to discuss the content of filings before they are completed. This is often done to attempt to resolve or narrow the issues, ensure compliance with court rules, and potentially avoid unnecessary motions.
Do you have any further questions about your case or need more specific assistance?
What is the example of narrowing the issue?
Case Rating: *
Narrowing the issue involves identifying specific points of contention and addressing them to streamline the legal process. In your case, it would mean focusing on the key arguments against the motion to dismiss and identifying any areas where you might agree or compromise to avoid unnecessary disputes.
Would you like assistance in preparing to narrow down the issues or any other aspect of your case?
Narrowing the issue involves identifying specific points of contention and addressing them to streamline the legal process. In your case, it would mean focusing on the key arguments against the motion to dismiss and identifying any areas where you might agree or compromise to avoid unnecessary disputes.
Would you like assistance in preparing to narrow down the issues or any other aspect of your case?
plaintiff files motion to dismiss my complaint in MA district court. How much time do I have to object?
Case Rating: *
In Massachusetts District Court, you typically have 14 days to file an opposition to a motion to dismiss. Make sure to check the local rules or any specific orders from the court for precise deadlines.
Would you like assistance in drafting your objection?
In Massachusetts District Court, you typically have 14 days to file an opposition to a motion to dismiss. Make sure to check the local rules or any specific orders from the court for precise deadlines.
Would you like assistance in drafting your objection?
Is motion to dismiss considered an answer under FRCP 41a
Case Rating: *
A motion to dismiss is not considered an answer under Federal Rules of Civil Procedure (FRCP) *(a). It is a pre-answer motion that challenges the legal sufficiency of the complaint.
Would you like assistance in drafting your response to the motion to dismiss?
A motion to dismiss is not considered an answer under Federal Rules of Civil Procedure (FRCP) *(a). It is a pre-answer motion that challenges the legal sufficiency of the complaint.
Would you like assistance in drafting your response to the motion to dismiss?
Defendant previously asked the court to "extend a responsive pleading deadline" to March *, *, also stating that they need time to "investigate and to formulate a proper response" to the my complaint. It appears that the motion to dismiss must be now considered by the court. Could they possibly also file an additional responsive pleading such as the answer?
Case Rating: *
Yes, the defendant can file an answer after the court rules on the motion to dismiss if the motion is denied. The extension request allows them additional time to prepare their responsive pleadings, which can include both a motion to dismiss and, if necessary, an answer.
Would you like help preparing for the possibility of the defendant filing an answer?
Yes, the defendant can file an answer after the court rules on the motion to dismiss if the motion is denied. The extension request allows them additional time to prepare their responsive pleadings, which can include both a motion to dismiss and, if necessary, an answer.
Would you like help preparing for the possibility of the defendant filing an answer?
Is it likely or ven can they additionally file an answer before the motion to dimiss is decided
Case Rating: *
In federal court, a defendant can file an answer after the court has ruled on their motion to dismiss. Typically, they won't file an answer while the motion to dismiss is pending, as the motion challenges the sufficiency of the complaint.
Would you like assistance in preparing for either scenario?
In federal court, a defendant can file an answer after the court has ruled on their motion to dismiss. Typically, they won't file an answer while the motion to dismiss is pending, as the motion challenges the sufficiency of the complaint.
Would you like assistance in preparing for either scenario?
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