Jump to content
Sign in to follow this  
foolish

Order

Recommended Posts

This question goes to a recent order that instructed both parties to not file any further pleadings or motions until defendants motions. Can I file a leave of court to file the remainder of my response to their motion. I was given a date certain to file my response, Although I managed to address a couple of key issues, I didn't manage to address two issues that if I would have filed I would have showed that the defendant's wouldn't have been entitled to relief requested as a matter of law..

Share this post


Link to post
Share on other sites

This question goes to a recent order that instructed both parties to not file any further pleadings or motions until defendants motions. 

 

This doesn’t make a whole lot of sense. Did you mean that the court order said for neither party to file any motion until the court had ruled on some motion that the defendant had already filed, e.g. a motion to dismiss? 

 

Can I file a leave of court to file the remainder of my response to their motion. I was given a date certain to file my response, Although I managed to address a couple of key issues, I didn't manage to address two issues that if I would have filed I would have showed that the defendant's wouldn't have been entitled to relief requested as a matter of law.

 

This, too, is unclear. You either filed a response to the motion or you didn’t. So, did you file a response to it or not? It sounds like you did, but that you didn't put into it everything that, in hindsight, you'd like to have put into the response. It may be too late to fix that now. In general, one party files a motion, the other party files a response, and then the party making the motion may file a reply to the response and it typically stops there. 

 

It matters in what court this is being litigated (and as I recall you have several different matters you are pursuing, so I cannot simply assume which court it is based on your prior posts), what kind of matter it is (your FOIA matter in federal district court, your criminal appeal in CA state courts, something else?), and exactly what the court’s order says.

Share this post


Link to post
Share on other sites

This question goes to the FOIA case, you’re right, I didn’t double check or I overlooked the missing portion of my question, by the time it was posted it was to late.

Yes the court ordered parties not to file any further pleadings because defendant(s) filed their e.g., “motion to dismiss and alternative summary judgment.

Let me also clarify that the court set a date for me to respond, which I did file my response before the deadline, basically in that response I set the reasons why I couldn’t reasonably challenge defendant’s withholding due to their “conclusory and vague” reasons for withholding documents and requested the court order defendants to give more adequate and less conclusory grounds justifying the withholding of documents enabling me to reasonably challenge the grounds.. In that response however I requested that the time to file the full response be extended due to defendants conclusory response.

The problem there was issues that had to have been litigated in this FOIA case., That’s my problem the other issues that had I known of the order I would have submitted my entire response.

Share this post


Link to post
Share on other sites

So basically you want to ask permission from the court to supplement your brief in opposition to the defendent's motion to dismiss and motion for summary judgment.

 

Not being familiar with the court or the current disposition of the case, I'd argue that the request does not violate the spirit of the judge's order prohibiting further motions of pleadings. I would keep it very brief; however, I would certainly explain the nature and relevance of the additional information and argument I sought to provide, the degree to which my case is prejudiced if I am unable to supplement my brief and, perhaps most importantly, why I did not include and submit the information in my brief within the original filing deadline. I don't suppose any of this involves new relevant facts or evidence that were unknown to you before the filing deadline and weren't discoverable by you before the filing deadline -- that could bolster your position.

 

Regardless, you risk raising the ire of the judge and are flirting with the possibility of being in contempt. Are your further legal arguments of such import that they would really make an impact on the judge's ruling? Are they arguments or positions the judge would likely already know and understand? Weigh your options carefully.  

Share this post


Link to post
Share on other sites

. . . .

. . .

 

Regardless, you risk raising the ire of the judge and are flirting with the possibility of being in contempt. Are your further legal arguments of such import that they would really make an impact on the judge's ruling? Are they arguments or positions the judge would likely already know and understand? Weigh your options carefully.

Actually they are arguments and positions the judge does mostly likely already know and understand regarding the law as applied in this case, just that I didn’t get a chance to argue it because the order issued before the filing deadline expired.

Share this post


Link to post
Share on other sites

In that response however I requested that the time to file the full response be extended due to defendants conclusory response.

 

Ok, let’s start here. You asked in your reply that the court allow you to file a full response later. How is the request that you wish to make now different? If you are basically asking for the same thing you asked for in the response you already filed then there really is no point in filing something new to ask for the same thing. All that is likely to do is irk the judge. 

 

The problem there was issues that had to have been litigated in this FOIA case., That’s my problem the other issues that had I known of the order I would have submitted my entire response.

 

This is a bit vague, but begs the question: if you knew at the time you were preparing the response that there were other things you wanted to include, why didn’t you put them in the response to start with? As I said before, the typical process is that the moving party files his motion, the opposing party files a response, and then the moving party might file a reply to the opponent’s response. That’s generally it. Some districts make it very explicit in their local rules that no other filings are permitted (other than to update the court for things that happen after the motion papers were filed, e.g. a court of appeals ruling that is on point that is issued after the reply was filed, etc). So, you generally want to put anything important in your initial response to the motion because you may not get a chance to supplement it later.

 

As I’ve not read the pleadings, motions, and orders filed in this case and I don’t know in which district this case is being litigated in, I cannot tell you whether filing a request for leave to supplement your reply (which seems to be what you are asking for here) would run afoul of the order the court issued or how the judge would react to it. You might be able to argue that you that while the order prevents filing any new motions until this pending motion is resolved, it doesn’t prevent filings regarding the particular motion that the court has under consideration. As you are a pro se party, the court might cut you a little more slack than it would an attorney. 

 

Of course, even if the filing doesn’t violate the order and you don’t get sanctioned for it, the court may still not take the filing well. If you were supposed to include all your relevant argument in the response you already filed, then the court may well deny the request because of that. Not including everything in your initial response and then asking for leave to supplement later makes more work for the court and the opposing party — and the court is not likely to be happy about that when you could have avoided the problem simply by putting everything into your reply. You need to weigh how important it is to get what you want to say before the judge against the possible problems that might arise by seeking the request. No one here will be able to advise you whether you ought to go for it or not.

Share this post


Link to post
Share on other sites

Ok, let’s start here. You asked in your reply that the court allow you to file a full response later.... 

 

 

This is a bit vague, but begs the question: if you knew at the time you were preparing the response that there were other things you wanted to include, why didn’t you put them in the response to start with? .

Yes, I basically requested the court to first determine if whether defendant's response was conclusory and vague under the law of the case. The reason why I didn't include all the arguments is because I didn't expect for the court to place the 'no filing' order before the original filing deadline order expired. I was hoping to file the remaining (and independent) arguments before or on the filing deadline properly addressing the issues not argued.

Share this post


Link to post
Share on other sites

Yes, I basically requested the court to first determine if whether defendant's response was conclusory and vague under the law of the case. The reason why I didn't include all the arguments is because I didn't expect for the court to place the 'no filing' order before the original filing deadline order expired. I was hoping to file the remaining (and independent) arguments before or on the filing deadline properly addressing the issues not argued.

 

So, you basically thought you could do the response in pieces as long as everything was filed by the deadline? Unfortunately, that was a bad assumption on your part. When you filed the first part of you response, the defendant and the court were going to believe that it was your entire response because that is how it’s supposed to be done — you put everything into one response. The defense replied and the court then ordered an end to filings until the court disposes of this motion.  Allowing you to file to supplement the response now would mean that the defendant then will have to prepare another reply and the court will have to read two sets of documents instead one and the time frame to deal with this gets pushed back. I suspect you’ll find that the court will not go for that. But, of course, I cannot say for sure as I don’t have all the details of the pleadings, motions, and orders in this case.

 

As I said before, you should put everything that’s important into a single document for your reply because you may not get a chance to supplement it later. Take the time needed to do it, even if it means you end up filing it close to the deadline (but of course don’t file it late). Getting part of it in early doesn't get you any extra points with the court, after all, and by doing it in pieces you risk not getting everything before the court.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...