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  1. Here is the case as it appeared in the local newspaper "A woman is seeking $1 million after she claims she slipped and fell on peanut shells on the floor of a local restaurant. The plaintiff has filed a civil lawsuit arguing that restaurant is responsible for the peanut shells on the restaurant’s floor. The restaurant has denied plaintiff's allegations and demands proof. The woman sued the restaurant in state district court, but The Restaurant moved the lawsuit to federal court, according to court records. The lawsuit states the woman slipped and fell in the restaurant on March 19, and that the restaurant and employees knew or should have known that the peanut shells on the floor created an unreasonably dangerous condition. She also maintains that the restaurant or employees should have warned her about the peanut shells or should have removed them. The woman is suing for damages for physical pain, mental anguish, physical impairment, medical expenses, lost wages, loss of earning capacity, and court costs. She is presented by a local Law Firm. Attorneys , who represent The restaurant, contend that it was the plaintiff’s own actions or omissions that caused or contributed to her injury. The restaurant company has requested a jury trial. A conference on the case is slated for Nov. 6 in federal court."
  2. Why would be the major advantages of suing in a state court vs. federal court? In a local (Texas) suit, the defendant (a restaurant), requested a suit moved from a state court to a federal court. THANKS!
  3. Ok Im about to request a settlement, What approach should I take? I will have call the opposing attorney on MONDAY, What do you suggest I say to them. I dont want to ask to low, or to high....
  4. Your grain of salt is worth more than its weight in gold. Im approaching the sixty (60) day mark, I need to file a docket control conference, ive read it can be informal. What is the document called that is filed with the court regarding this matter and what content shall it contain?
  5. The respond from the defendant have been recieved via registered mail. The defandant replied with a DENY on each request for admission. What should be my next move?
  6. To Pg1067 (in regards to Docket control) (Its a District Court) A Docket Control Conference may be set at any time following the filing of an answer in said suit, upon the request of either party or upon the Court’s own Motion. If no Docket Control Conference has been held by the expiration of 120 days from the date suit is filed, then such conference shall be automatically scheduled by the Court. If no Docket Control Conference has been scheduled in family law cases by the expiration of 60 days from the date suit is filed, then such conference shall be automatically scheduled by the Court. At any time such a conference is scheduled the Court in which the case is pending shall notify all attorneys in charge of the date and hour the attorneys are to appear in the office of the court coordinator for the purpose of conducting such conference. I have the local rules handout onhand.
  7. I read somewhere that I need to start FRCP 26 (F) at what point should I start this process? After the initial General Denial? or at what point?
  8. One issue that I have not researched is the approximate cost of proceeding with the suit. For example, there was the filing fees at the initiation of this suit. What other expenses shall I expect (i.e..) other court fees, deposition costs, mediation fees, etc.. what are the upcoming expenses that I should expect to pay??
  9. It is about a contract that was not honored and more money was paid to complete the services. It is a state district court. The initial complaint was filed with a request for admissions. But a general denial was filed. Typically, what is next thing the opposing side will file? (or what is the usual thing that occurs after they file a general denial) What should I be doing? (asking for jury trial?)
  10. What is the "typical curve ball court room tactic" shall I expect from both the opposing attorney/ and or the judge. and what is a defense strategy you have seen
  11. Ok got response back from defendants attorney, received a general denial and to proof or pay for expenses. what is the terminology called to respond to this request (I think its Plaintiff's Response to Defendant's Motion to Dismiss?) and what is a common response.
  12. THANKS! This is new to me. I really don't want to compare it to anything that Ive done before (Like building a house) but I know that there is more to come. If I compare it to building a house, I guess I am waiting for the architect to give me the blueprints.
  13. Yes, I did File the suit. Both the complaint and request for discovery were made at the outset of the case. I am waiting for a response. Should I file with the court that the defendant has been served? (What I meant to say is the individual whom served would file that information with the court. (it is on Texas)
  14. I started to file a civil suit prose, I just need a framework or checklist to have, I plan to have a notebook handy to check off what has been completed and what needs to be done. I filed suit, got to serve the entity, waiting for a response (request for admissions, discovery, etc) the servicer went to the court to confirm it was serviced. So what are the next steps and/or deadlines? Thanks in advance for the help..
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