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DeletingDefendentsinFederalCivilCaseProSe

Boston, MA |

Prose...federalcivilcase......Inamedsomedefendantsinmyinitialpleadingthatifoundoutthaticannotsuethedefendanthasalreadyfiledthereanswer.......(whichismotiontodismiss).....ifiledoppositiontomotiontodismiss...........Whatdoihavetodototakethedefendantsofmycomplaint...doineedtofilesomekindofamotion?

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

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Attorney answers 3

Posted

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 call me at 617-426-7400 or email me at wharringtonlaw@gmail.com.

Asker

Posted

named company and employees involved in decision making....should have just sued company...

Posted

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.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

Asker

Posted

in the motion to dismiss ..the defendent stated that i could not sue individual parties in the company.....in there individual jobs.......just the company....I wish i could find a pro bono reasonable accommodation housing discrimination lawyer but i have been unable to....

Emma A. Kremer

Emma A. Kremer

Posted

I'm sorry to hear about that. With respect to the motion to dismiss, until a judge grants the motion, you do not have to remove any defendants just because they argued for dismissal in their brief. If you are pro se, courts generally are a bit more forgiving when it comes to the legal stuff. In the event the motion is granted, or even beforehand if you think it will get granted, you can file a motion to amend your complaint asking to add a party and include the company. But do not remove the defendants before you have to.

Asker

Posted

thank you this is the type of information i need....to make a decision...waiting until the judge rules on the motion is my best bet right now......I am leaving it the way it is!!! now

Emma A. Kremer

Emma A. Kremer

Posted

That is not a bad idea but you may to come prepared to the motion hearing with a motion to amend your complaint adding the company as a party. You should also be able to orally raise that motion at the hearing but better to be prepared.

Posted

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) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Asker

Posted

in the motion to dismiss ..the defendent stated that i could not sue individual parties in the company.....in there individual jobs.......just the company....I wish i could find a pro bono reasonable accommodation housing discrimination lawyer but i have been unable to....

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