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  1. #1

    Question Defendant's Lawyer Filed Dispositive Complaint but Made No Motion

    My question involves court procedures for the state of: USDOL

    I have a hearing coming up in March and the defendants attorney made a dispositive complaint though they never make a motion in regards to it... My question is if you make a motion in court does the wording have to be "Request a motion to dismiss" or some form of? Or can they just leave that as and open ended complaint without referencing law or legal precedent or request a specific outcome?

    They only state there complaint and make no requests!

    The deadline for the dispositive motion filing has passed so I am protected from new motions and I have till Feb 14th to make my response! Can I challenge the fact that no motion was made?

    Can I ask the court to Quash the statement with prejudice?

    I am not a lawyer and have had no luck finding a lawyer willing to take my case so here I am...

  2. #2
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    Default Re: Defendants Lawyer Filed Dispositive Complaint but Made No Motion

    "USDOL" is not a state. Are you talking about a case in federal court? Before an administrative judge with the DOL? Something else?

    Have you read the rules of procedure for the court you're in?

  3. #3

    Default Re: Defendants Lawyer Filed Dispositive Complaint but Made No Motion

    Yes Department of Labor and Yes I have reviewed the rules they are extremely vague. I am wanting in general advice I can not find any statue the address's it but I would assume from all I have read they have to request a motion. According to the order sent all dispostive motions were due on Jan 16 and my response is due 20 days after. Is my understanding correct if you bring and issue up you have to provide legal reference i.e. case law or statutes and make a motion i.e. "I move to dismiss"

  4. #4
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    Default Re: Defendants Lawyer Filed Dispositive Complaint but Made No Motion

    I have not had the opportunity to see what they've filed.

    Normally the party moving for relief would cite facts and law in support of the motion; often that's required by the governing court rules. But if the issue is that you've failed to even state a valid case, that may be obvious to the court even without a full briefing. If you believe the motion is untimely, object to the filing. If you believe you have valid defenses to the motion, brief the court on your defenses.

  5. #5

    Default Re: Defendants Lawyer Filed Dispositive Complaint but Made No Motion

    They are not challenging the facts of the case they state just stated that it was untimely though it was not... They also identify themselves as and attorney for a company that is not part of the case... I guess I will challenge those facts! Thanks for your help!

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