NY Federal Court Late Response to Motion to Dismiss

Asked about 1 year ago - New York, NY

How does a plaintiff file a late response to a motion to dismiss that was filed by the defendant in NY federal court? If a plaintiff missses the 14-days deadline to file a response to the motion to dismiss, what alternatives does the plaintiff have? Can a plaintiff still submit a late response or wait for judge's decision and perhaps then file a motion for reconsideration? In a motion for reconsideration, does the plaintiff need a valid reason for missing the deadline for response to motion to dismiss? lastly, how does plaintiff allege that court's staff was biased against him/her by giving him/her wrong filing date for the complaint?

Attorney answers (1)

  1. Robert K. Erlanger

    Contributor Level 13

    Answered . If you are a pro se plaintiff, the federal judge may bend over backwards to accommodate you, Call chambers ASAP and ask to speak with the judge's law clerk about submitting late opposition papers. Yes, you always need a valid excuse for missing deadlines; hope it is a good one.

    As to incorrect information from the Clerk of the Court re: the filing date of the complaint, why do assume that they deliberately gave you a wrong date when it may just have been an error on their part. Claiming bias, without VERY SOLID ground upon which to base such claim, will get you absolutely nowhere before any judge, federal or state.

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