Asked almost 2 years ago - Boston, MA


Additional information

Pro se ...federal civil case......I named some defendants in my initial pleading that I found out that I can not sue the defendant has already filed there answer.......(which is motion to dismiss).....i filed opposition to motion to dismiss...........What do I have to do to take the defendants off my complaint........sorry some how all the words got put to gether

Attorney answers (3)

  1. William T Harrington

    Contributor Level 14


    Lawyers agree


    Answered . First, you should not represent yourself in federal court. If you have a claim, you should likely be able to find an attorney. Obviously I have no idea whether you should dismiss a defendant . However, to do so, you should file a notice od dismissal without prejudice with respect to that defendant only. Look at Federal Civil Rule 41 closely before you do so. It may be that you will need all parties who have appeared in the action sign a stipulation of dismissal. Make sure it is limited to that defendant only.

    My responding to your question does not create an attorney-client relationship. If you want to contact me, please... more
  2. Emma A. Kremer

    Contributor Level 15


    Lawyers agree


    Answered . I agree with Attorney Harrington's answer. You should have an attorney represent you in federal court because the decision whether or not to dismiss one or multiple defendants is highly fact specific. If you do dismiss any defendants, do so without prejudice. It's unclear from your question whether you feel that you need to remove the defendant or defendants because a motion to dismiss was filed. You stated that you filed an opposition, so has there been any ruling on that yet? Is there a reason why you cannot sue one or all of the defendants? You really should consult an attorney admitted to practice in federal court. Best of luck.

    Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.)... more
  3. Sagi Shaked


    Contributor Level 13


    Lawyers agree


    Answered . I agree with others. Don't represent yourself, it's a bad idea.

    Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877)... more
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