Opposing counsel is lying

[mrsjohnson]

GA

So I filed a motion for leave to amend and and a motion to reopen case that was administratively closed pending settlement mediation. Opposing counsel filed an opposition motion last Thursday and it was it was a lie. Basically defendant stated that they had tried to work with me when they had not. They have not responded to any request to discuss any issue, countered any offer made etc. So the day go to file my reply, printer stops working. The next day, the judge rules against my motion to reopen case however states that when the case reopens, my motion to leave amend will be approved.

I emailed opposing counsel again and told them they must have lost my contact information because I have not received anything from them. No reply from them. If I reply to their opposition motion now after the Judge has ruled, it will not be timely but I could file a motion to reconsider under FRCP 60(b). The last thing I want to do is piss off the Judge but if I don't address these deceptions in some kind of reply, then I feel like they're getting away with it. They have zero proof to back up any claim made they have attempted to negotiate and it's my understanding, Judges are not interested in any back and forth emails and letters between opposing parties regardless of any communication breakdown.

I actually have a telephone conference scheduled with the Magistrate Judge handling the mediation this morning. I can bring it up to him for sure.

So the question is for experienced attorneys, what would you do? Let it go and figure out a way to expose this later on or file a motion?or reply anyway? Being that the Judge ruled and my reply is not timely at this point, they could file a motion to strike my reply because of untimeliness but couldn't strike a motion to reconsider. And if they do strike my reply motion, the Judge will still read it and perhaps it would plant the seed that I need to planted here, that defendant and now their opposing counsel are not flying straight. My amended complaint has new allegations of fraud. And as an aside, defendant in another case has been held in contempt for perjury.

Thanks!

 

[NeilTheCop]

I'm not an attorney but in my civil cases I never relied on e-mails, too much chance of the "I didn't receive it" argument.
Something that important I used the good old registered letter with the returned signature card. Worth every penny.

 

[mrsjohnson]

I'm not an attorney but in my civil cases I never relied on e-mails, too much chance of the "I didn't receive it" argument.
Something that important I used the good old registered letter with the returned signature card. Worth every penny.

That is a great idea! They were acknowledging replies but no longer doing that. I want to email just to say that you know you're a crappy attorney and have no defense when you have to resort to lying but that might be too mean.

Thieves and liars. Can't tolerate either.

 

[mrsjohnson]

Looks I may be able to file a motion for a surreply? I just found this tidbit and if I'm reading it correctly, that is another alternative.

"Surreplies and other filings that serve the purpose or have the effect of a surreply are highly disfavored, as they usually are a strategic effort by the nonmovant to have the last word on a matter. The court has found that surreplies usually are not helpful in resolving pending matters and only permits pleadings beyond Local Civil Rule 7.1 in exceptional or extraordinary circumstances. "

So as I thought, surreplies are disfavored beyond extraordinary circumstances, which I would take lying to one of those circumstances.

 

[quincy]

It is best on this forum to keep all related questions to a single thread. It helps us help you better.

I will post links to your previous threads later, for the benefit of all who wish to assist you, but from now on please add all additional questions you have on your case to this thread.

Thank you.

 

[mrsjohnson]

It is best on this forum to keep all related questions to a single thread. It helps us help you better.

I will post links to your previous threads later, for the benefit of all who wish to assist you, but from now on please add all additional questions you have on your case to this thread.

Thank you.

I would be glad to do that @quincy but I will not be able to do that if my threads are being locked.

Would you rather I revived a two year old thread that has little relevancy because the claims at issue have evolved far beyond that at this point or post another one?

 

[quincy]

I would be glad to do that @quincy but I will not be able to do that if my threads are being locked.

Would you rather I revived a two year old thread that has little relevancy because the claims at issue have evolved far beyond that at this point or post another one?

No. If your questions are in no way related to an older thread, starting a new thread is appropriate. If your previously posted threads have been locked by the moderator of the forum for some reason, starting a new thread can also be appropriate.

I warn you against reporting forum members' posts. If you do not like what has been posted, ignore it and move on. Frequently reporting members' posts is a good way to be banned from this forum.

 

[mrsjohnson]

What do you mean when you say you missed it? You quoted it, how could you have missed it?

I misread it @Zigner. I may have to put my dog to sleep today on top of other issues. I'm not perfect, I'm having a bad day and I would sincerely appreciate it if you would leave me alone.

 

[Taxing Matters]

GA
So the question is for experienced attorneys, what would you do?

What I would do depends on why the court ruled against me in the first place. Whether the opposing counsel had really tried to work with you is not really significant unless the motion for leave to reopen was denied for reasons related to opposing counsel's claims that you weren't cooperating in mediation. So what exactly did the court say was the reason for the denial?

Litigation in federal court is not easy and we can't give you legal advice on each step of what you need to do here. If you can find a local lawyer familiar with federal court litigation to give you feedback on this that would be your best bet. Because right now it appears your case is at a standstill. The case is closed. And if there is any chance to get it reopened you want to do it right.

 

[Zigner]

I misread it @Zigner. I may have to put my dog to sleep today on top of other issues. I'm not perfect, I'm having a bad day and I would sincerely appreciate it if you would leave me alone.

I am not heartless and I do understand when folks have a bad day. I'm sorry about your dog - that is a very tough situation to be in.

 

[mrsjohnson]

What I would do depends on why the court ruled against me in the first place. Whether the opposing counsel had really tried to work with you is not really significant unless the motion for leave to reopen was denied for reasons related to opposing counsel's claims that you weren't cooperating in mediation. So what exactly did the court say was the reason for the denial?

Litigation in federal court is not easy and we can't give you legal advice on each step of what you need to do here. If you can find a local lawyer familiar with federal court litigation to give you feedback on this that would be your best bet. Because right now it appears your case is at a standstill. The case is closed. And if there is any chance to get it reopened you want to do it right.

@Taxing Matters thank you for responding.

So the court stayed the case pending settlement negotiations and has made it clear that if nothing is achieved at mediation it will reopen and that defendant will have to answer amended complaint. I just got off the phone with the Magistrate Judge assigned to the mediation and he said a case being stayed like this is not usual. But to answer your question, I believe opposing counsel's deceptive reply did have something to do with the fact that it is not being reopened at my request. They essentially made it sound like I was being stubborn, refused to negotiate which is not true. And honestly, the Judge's calendar and my pro se status may have influenced that decision. We know the Courts and even the kindest, most considerate Judges see us as a hindrance to the judicial process.

The good news is that now they have to pretty much provide proof at settlement mediation their efforts at negotiation which they will not be able to. This is per the Magistrate so I feel better. And after that conversation, I don't know if I need to even bother with replying at this point.

I hope I'm making sense. I'm running on very little sleep AGAIN.

 

[quincy]

I am really sorry to hear about your dog.

Here are the links to your other related threads for background reference purposes:

https://forum.freeadvice.com/thread...ge-terminate-a-magistrate-from-a-case.650366/

https://forum.freeadvice.com/threads/consent-motion-for-extension-of-time-to-file-answer.638898/

https://forum.freeadvice.com/thread...-review-my-complaint-before-i-file-it.629768/

https://forum.freeadvice.com/threads/use-of-company-logo-in-gofindme.629764/

I think the threads above are the ones that relate to the same case you discuss here.

Try to keep all additional questions to this thread. Thanks.