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Pro Se Plaintiff made mistake of serving Defendant's Legal Counsel 3 times personally. Can this be fixed on "Reply" filing?

Kannapolis, NC |

1/12 Resigned Employer,Req for $ owed
9/12 EEOC dismissal/issued Right to Sue
11/12 Plaintiff’s Settlement Req to Employer HR
12/12 Plaintiff’s Settlement Req to Dir. of HR
12/12 – Plaintiff filed in State Crt
12/12 – Employer Counsel Refused Plaintiff settlement
1/13 Defendant removed case to Fed Court
2/13 Defendant filed “Motion to Dismiss Plaintiff’s Complaint”
2/13 Fed Judge “Ordered” Plaintiff has right to Respond to Defendant’s Motion
2/13 Plaintiff file Motion of Cont of Removal of Action State Crt
2/13 Plaintiff called Defendant’s Counsel, req settlement-denied
2/13 Plaintiff file Req for Cont of Defendant’s Motion to Dismiss in State Crt
3/13 Plaintiff filed Req for Cont of Removal Action State Crt
Fed Judge issued Mem/Recom on Motion to dismiss - Plaintiff Objections filed

Attorney Answers 1


I'm not quite sure what your question is as your time line doesn't seem to indicate service issues. Without seeing the actual motions it is impossible to know what the basis for the Defendant moving to dismiss was and why it was granted.

You should know that employment discrimination cases are very difficult, the 4th circuit, where NC is located has a very conservative history with these types of cases making them hard to win for the most skilled attorney. Doing them pro-se is near impossible.

I recommend you see an attorney and do so quickly as appeal deadlines are very limited.

It also seems like you were trying to get the case kicked back to state court. Employment discrimination cases are under federal law, so Federal Court is the proper court to hear them.

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