I’m suing the us govt. in dc district court. I need time to find a lawyer. I submitted my complaint due to a deadline I did not want to miss.
FRCvP 4 (m) says
(m) TIME LIMIT FOR SERVICE. If a defendant is not served within
120 days after the complaint is filed, the court—on motion or on
its own after notice to the plaintiff—must dismiss the action
without prejudice against that defendant or order that service be
made within a specified time.
So I said great, I’ll mail the summons out and send in the 3 proofs of service of the 3 summonses after I get an attorney. I have 120 days. Addresses were incorrect anyway. But after 60 days the us govt called and said we are filing our first motion. Do you oppose? I complained that the proof of service has not yet been done. They said doesn’t matter.
Are they right? Or are they lying?
The motion arrived and was about something else.
How much time does one normally have to submit a motion to oppose?
Is there any case law on point about
1. Asking that the court adhere to it’s own rules about needing the proof of service, making them wait until I get this document done?
2. Does the govt have the right to download from pacer cases not served and start filing motions?
3. Do I have a right to request a motion for an extension of time on this basis? What case law is on point? .
4. Do I have a right to request a motion for an extension of time on the basis that I want representation? How much time might I get?
In addition to immediate advice, I am looking for representation after I respond to this. If you want to give me your rates or contact info please private message me.
FRCvP 4 (m) says
(m) TIME LIMIT FOR SERVICE. If a defendant is not served within
120 days after the complaint is filed, the court—on motion or on
its own after notice to the plaintiff—must dismiss the action
without prejudice against that defendant or order that service be
made within a specified time.
So I said great, I’ll mail the summons out and send in the 3 proofs of service of the 3 summonses after I get an attorney. I have 120 days. Addresses were incorrect anyway. But after 60 days the us govt called and said we are filing our first motion. Do you oppose? I complained that the proof of service has not yet been done. They said doesn’t matter.
Are they right? Or are they lying?
The motion arrived and was about something else.
How much time does one normally have to submit a motion to oppose?
Is there any case law on point about
1. Asking that the court adhere to it’s own rules about needing the proof of service, making them wait until I get this document done?
2. Does the govt have the right to download from pacer cases not served and start filing motions?
3. Do I have a right to request a motion for an extension of time on this basis? What case law is on point? .
4. Do I have a right to request a motion for an extension of time on the basis that I want representation? How much time might I get?
In addition to immediate advice, I am looking for representation after I respond to this. If you want to give me your rates or contact info please private message me.
Regulations and Procedures: Can They "Start" the Lawsuit Before Proof of Summons Has Been Submitted
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