Now I could use some help with calculating deadlines. Following the dismissal of the one Federal Claim, there are nine remaining causes of action at issue. I can't determine by what date the Defendant is required to answer the complaint. Also, am I required to file an amended complaint? If Defendant files a demurrer, on any or all causes of action, does that allow them to further delay answering the complaint? I was about to file a motion to compel further responses in federal court, now I'm not sure how to calculate the 45 day window. I've met and conferred beyond what is required for either court, but now I'm not sure about the timing. I'm very familiar with the Rules of Civil Procedure for both courts, but coordinating the rules during transition?? I'm lost.The Federal Court Order remanding the case to state court did not make any further orders regarding the case or the complaint, however, it gave an excellent detailed explanation of why they were dismissing the one federal cause of action and that they declined to exercise jurisdiction over the remaining causes of action. When I find an attorney who can answer the questions I can't answer myself, I'll hire them. There are smart attorneys here, so if I don't get an answer when I post, so far its turned out that opposing counsel (and usually the judge) don't really know the answer either.
You have a lot of moving parts going on here. When the Defendant's need to answer the complaint might be addressed by the remand order. It is hard to answer this question along with many others without reading your pleadings but your probably do not have to amend your complaint - however without reading what the Federal Court ordered that cannot be answered conclusively. What you have identified is the procedural hurdles faced by many pro se litigants. The best thing you can do is to find an attorney who can help review the pleadings and your discovery to help assist you with the deadlines.
"I can't determine by what date the Defendant is required to answer the complaint." -- No one reading your post can answer this question for you since you have not provided any necessary facts.
"Also, am I required to file an amended complaint?" -- Unlikely, since only the federal claim was dismissed but a review of the remand order is required.
"If Defendant files a demurrer, on any or all causes of action, does that allow them to further delay answering the complaint?" Yes.
"I was about to file a motion to compel further responses in federal court, now I'm not sure how to calculate the 45 day window." To be on the safe side, you should calculate the date (plus any additional time re service) from the date the last verified responses were served. Alternatively, and a better choice, is to agree on a date certain with opposing counsel for filing your motion.
Retaining counsel, even in state court, after you have been representing yourself pro per might be easier said than done, especially if you are looking for an attorney to represent you on a contingency basis. Good luck.
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