Hello people. Hopefully I can get some great “know how” info here from others who have some experience with 1983’s

Is it normal in a fed. civil case (1983) for the court to issue a preliminary pre-trial conference 10 days after the complaint is filed ?

The conference was set up way befor the defendants had a chance to dismiss.
Would that be an indication of something or is it normal ?

I filed my complaint on Jan. 7th then defense filed a motion to dismiss on Jan. 29th , then filed an answer on the complaint on May 23rd. They have tried shutting down the case 3-4 times since I filed it, I’ve objected to alot of it. The case is still going and its been 8 months now. I’m to a point that I’m not sure where to go from here or what to do in my case.

My case consists of 14 cause of actions, its 28 pages with 12 affidavits. Filled with Awesomness and Badass-i-tude.

Now I'm not sure where to go from here.

Strange: I thought this forum would have alot more engagement.

Hello Tully1,

I'm a new member here and i don't think I can offer much in the way of assistance. 14 causes of action, huh? That's a LOT (IMO). What happened at your first scheduled hearing? Is that where you objected? If the other side hasn't been able to get your case kicked out for failure to state a claim (12b6), then there's a distinct chance at least one of your causes of action is elementally sound and you should be looking to find out why your order isn't signed yet. Of course, i'm not a lawyer AT ALL. i'm just responding to liven up the message board.

Yeah Jeff, thanks for responding. this is the case docket : https://www.pacermonitor.com/public/case/26614626/Sanem_v_Doe_et_al

Most of my cause of actions are structured like this:

_________________________________________________________
Fourth CAUSE OF ACTION
(14th Amendment of the United States Constitution/ 42 u.s.c. § 1983)
39. Plaintiff claims his rights and incorporates all
preceding claims as fully set forth above in paragraphs 1
through 38.
40. Plaintiff is informed and believes and thereon all
claims that each of the CLC defendants is legally responsible
for the deprivation of Rights, Privileges, and Immunities
secured in the .Amendments of the US Constitution herein.
41. With willful disregard and constitutional Rights
encroachment, defendants, collectively CLC, removed $254.11 of
property from check #5729 On March 10, 2017. (Affidavit 6)
42. Plaintiffs Property interests secured in the 14th
.Amendment were deprived by defendants' willful actions under
color of state law. Authorized CLC defendants under Montana Code
40-5-312, 40-5-421. Plaintiff suffered and continues to suffer
immediate and irreparable injury in fact, including lost income,
reputation, and goodwill . Process and actions by defendants are
not accidental or miss-informed, they are planned, pre-meditated
encroachment on Plaintiffs Rights secured in the Amendments of
the U.S. Constitution.
_________________________________________________________

At the first hearing the magistrate pretty much said to fix my case and amend certain parts if I wanted it to stay in fed. court or it would be sent down to the state.
But also jeff. I haven't filled out an order, I haven't asked the judge to side in my favor yet. I haven't moved the court to do anything yet because I'm not sure if I have the information that justifies the move. -not sure what to do-

Well Tully1, it's hard for me to really say much. I don't think I'll be looking into the details of your case. I'll say this; You're already in it. You probably spent money to get a case number and have at least had yourself one hearing! Congratulations. It's more than i've done so far. At this point though, you may want to check your local rules (of civil procedure) to see how one in your position can dismiss the case. If it's possible for you to back out, regroup, and start again later, why not? Just something to think about. Stay sharp Tully1!

Jeff

yep, it costs $400 to file in Federal court. Maybe I should file something where the magistrate of Judge could ask me questions. Not sure what type of paper that would be called.
I have this overwhelming feeling that everyone is waiting for me to do something.
This website has alot of great info but 1983's are very specialized and have special elements, along with that I executed some very unique things in my complaint that I know the magistrate and judge noticed.

Ok, on May 23 defense filed an answer to my complaint that was filed on Jan.7th

There were some errors in my complaint and the court granted me till June 3rd to amend my complaint. After they filed there answer (on May 23rd ) I put in the Motion to amended my complaint and filed it on May 30.

The Magistrate OKed the amended complaint (june 18th)so I filed the actual amended Complaint on June 20th.

Defense then filed a new answer to the amended complaint on August 14th > 39 days (not counting week ends) after the Amended complaint was filed.

So... would that mean that in accordance with FRCP 12 (a)(1)(A)(i) that they defaulted?

... LOL... I just took the test, a Miserable 53% .. F

I'm glad I'm not planning on making this a career.

Hey guys, Something I cant seem to find in this course is.

when submitting evidence in the case, can it be entered in at any time or is it only excepted during discovery?

If I'm not mistaken, in State court, discovery officially begins after the pleadings are done...per the evidentiary hearing you scheduled and notified the other side about, obviously.

Maybe someone can chime in with regards to federal court...I'm not that far yet.
* Last updated by: JEFFREY24 on 10/4/2019 @ 7:29 PM *

Great question; there seems to be a gap in my understanding from the notes, too.
So the complaint is strictly allegations, because you don't want the complaint dismissed for trying to introduce facts not in evidence. Now, you have all this great evidence. But how do you get your evidence admitted?
Some self-authenticating evidence is communications from opposition to you, publications...but HOW do you get those admitted into evidence? Do you have to do a RFA and ask opposition if these are correct? That sounds fraught with difficulties.
If you have photos with someone who can testify to their authenticity, do you have to depose your own witness to get those photos into evidence?

hmm. discovery ends for me on Fri. the 11th ...then we go into Motions ... and the deadline for that is November 29th. Through the whole discovery time the only thing that happened was me sending some interrogatories and I got the response to those just last night. Defense never requested anything from me at all.
So if I am to understand this right , I use the information from the answers and the information of my case and studding to format a motion to move the court to side in my favor for the cause of actions ?
My plane is to break down the cause of actions in sections, for example move the court to side in my favor on cause of actions 1-3 then move on from there, or is there a better strategy ?