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    jkruz's Avatar
    jkruz Posts: 2, Reputation: 1
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    #1

    Jan 22, 2010, 11:00 AM
    Need motion to oppose defendant motion for summary judment
    I have a case in federal court, after two years my previous attorney drop from the case, and I filed to appear Pro se, and defendant filed a motion for summary judment, also the court send me a an order to file a joint pretrial order. My case is a slip and fall case against a big corporation my medical bills are over $90,000, I have been looking for legal representation but none of the attorneys that I have visited are interested, I need help with some advice with motion to oppose summary judment and what I must do to file joint pretrial order
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jan 23, 2010, 11:07 AM

    Why would you have a case in Federal Court for a slip and fall accident? Makes no sense except who you are suing. It should have been filed in a county court instead.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jan 23, 2010, 11:50 AM
    Quote Originally Posted by jkruz View Post
    i have a case in federal court, after two years my previous attorney drop from the case, and i filed to appear Pro se, and defendant filed a motion for summary judment, also the court send me a an order to file a joint pretrial order. my case is a slip and fall case against a big corporation my medical bills are over $90,000, I have been looking for legal representation but none of the attorneys that i have visited are interested, i need help with some advice with motion to oppose summary judment and what i must do to file joint pretrial order
    The civil rules should specify what goes into a pretrial order. Since it is to be joint, you and the attorney for the defendant need to talk to each other and agree on it. Call the attorney and say "We need to talk about the pretrial order." The attorney probably will want to draft it and you will sign it if you agree to what it says.

    As far as opposing summary judgment is concerned, you need to offer affidavits, etc. which will show that there are factual/ legal issues which preclude summary judgment.
    jkruz's Avatar
    jkruz Posts: 2, Reputation: 1
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    #4

    Jan 25, 2010, 03:24 PM
    Quote Originally Posted by twinkiedooter View Post
    Why would you have a case in Federal Court for a slip and fall accident? Makes no sense except who you are suing. It should have been filed in a county court instead.
    The defendants lawyer filed in federal court (thats what my previous attorney told me) and you are right , any person that I talk to about my case they tell me the same thing
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jan 26, 2010, 12:57 PM

    Under certain circumstances a defendant has the right to remove a state case to federal court. Appears that's what happened here.
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