protective order

[chgo54x]

What is the name of your state? illinois

i have a stipulation and protective order, signed by the defendant's counsel and plaintiff. but it still needs a judge signature and date. do i file the original with the clerk and will they mail copies.

confused, need resources for procedures

please help,
thanks,

 

[meganproser]

i have a stipulation and protective order, signed by the defendant's counsel and plaintiff. but it still needs a judge signature and date.

Google “stipulation protective order”. There are plenty of examples on line.

do i file the original with the clerk and will they mail copies.

I don’t know what court you are in so I can’t tell you exact procedure.

confused, need resources for procedures

The law library has tons of books on practice and procedure. If you have not yet located these resources you better find them in a hurry.

 

[chgo54x]

unlimited thanks!

State of Illinois?

thank you, thank you, !!!!!

I am in the Northern District of Illinois, United States District Court.

 

[meganproser]

Unlimited, uh, YOU'RE WELCOMES back at you!

When in doubt about procedure, YOU will start by looking at the FRCP and the FRCP LR’s. If you can’t find the answer to your problem or you need more information, the next step is to look it up in a practice and procedure treatise.

A treatise is a multi volume publication that focuses on one particular area of law. Moore's Federal Practice is probably the easiest to read. Twelve of Moore’s 33 volumes are dedicated to civil procedure. If you have a procedural question, the answer is in there somewhere!

Moore’s is available on LexisNexis while Wright and Miller, another procedural treatise, is available on Westlaw.

Oh, and the following site has a nice neat outline of reference materials. It may put those rows and rows of books at the lawbrary into perspective for you.

http://www.bristol.mass.edu/academics/LRC/Courseguides/ofc80.html

Feel free to keep asking questions. If you’ve gotten this far all by yourself, I tip my mouse to you.

 

[badapple40]

Pointing pro se parties to treatises is umm... perhaps unwise. Generally the treatise is for the practicioner that knows what he or she is doing.

For the poster: if it signed by opposing counsel, just file it in the clerk's office.

In other news, it appears that I might be selling out. After an offer of partnership at an obnoxiously large law firm, Mrs. badapple is on my butt to take the offer and leave government service (so she can stay at home and eat bon bons or something). While I am undecided, given that the blond has apparently made up her mind, it may well be that my time on here will be significantly reduced in the future.

 

[rmet4nzkx]

Pointing pro se parties to treatises is umm... perhaps unwise. Generally the treatise is for the practicioner that knows what he or she is doing.

For the poster: if it signed by opposing counsel, just file it in the clerk's office.

In other news, it appears that I might be selling out. After an offer of partnership at an obnoxiously large law firm, Mrs. badapple is on my butt to take the offer and leave government service (so she can stay at home and eat bon bons or something). While I am undecided, given that the blond has apparently made up her mind, it may well be that my time on here will be significantly reduced in the future.

Congratulations on the new job offer even if your time here will be limited. We can always use your expertise, as in the above advice. We could have used you this weekend, it was pretty, well.... I think you know what I mean.
Good luck and best wishes your new mantra will be, Billable hours, Billable hours...

 

[meganproser]

Pointing pro se parties to treatises is umm... perhaps unwise. Generally the treatise is for the practicioner that knows what he or she is doing.

I will never understand why people insist on underestimating the abilities of others.

Moore’s is written in plain, simple English and explains every procedural matter in glorious detail. If OP can’t understand such books she needs to drop her case. She’s in Federal Court.

You are certainly entitled to your opinion Bad Apple and at least I know your opinion is based on ACTUAL KNOWLEDGE of civil procedure.

I will miss having you around this site. I have a great deal of respect for you as an attorney. I am not at all surprised to hear you’ve been offered such a position... I only wonder how the government held you this long. I wish all the best for you in your future endeavors.

 

[rmet4nzkx]

Pointing pro se parties to treatises is umm... perhaps unwise. Generally the treatise is for the practicioner that knows what he or she is doing.

I will never understand why people insist on underestimating the abilities of others.

Moore’s is written in plain, simple English and explains every procedural matter in glorious detail. If OP can’t understand such books she needs to drop her case. She’s in Federal Court.

You are certainly entitled to your opinion Bad Apple and at least I know your opinion is based on ACTUAL KNOWLEDGE of civil procedure.

I will miss having you around this site. I have a great deal of respect for you as an attorney. I am not at all surprised to hear you’ve been offered such a position... I only wonder how the government held you this long. I wish all the best for you in your future endeavors.

Megan.
It is obvious what to do when you have a signed stipulated protective order. It didn't matter what jurisdiction or court, if you knew civil procedure, you would have known this. That is why I congratulated BA rather than argue about his obvious appropriate advice on procedure. OP specifically asked, "do i file the original with the clerk and will they mail copies"? The answer is yes, the bigger question is not whether to file with the clerk, guess who will answer that question? The futher question was how to serve the proof of service. This has less to do with anyone's knowledge of civil proceedure, BTW knowledge of which you are sadly lacking and your demonstrated need to intentionally lead a Pro Se OP astray. While OP did ask for resources in addition to their procedural question, you ignored the obvious answer so you could show off the fact that you knew of a reference, interesting, that OP didn't mention Federal court in their original question, hummmmm was this a set up for you? Or is Chicago your next victim?

What you suggested was if someone let the air out of their tires and wanted to know if they should try to put air back in them and you instead sent them to the library to research the technical manuals to detrmine airpressure rather than to go the store to get a pump if they didn't have one.

 

[rmet4nzkx]

Please seek a consultation with an employment attorney, you are in over your head.

 

[meganproser]

It is obvious what to do when you have a signed stipulated protective order. It didn't matter what jurisdiction or court

When a person asks about a specific procedure, please do not give them what YOU in your endless ignorance consider “obvious” advice. Without knowing the exact rules of the court in question, it is irresponsible to answer procedural questions as though you KNOW the answer. I NEVER give an OP a definite answer on a procedural matter unless I’ve checked or already know the rules of THEIR court.

Please put your personal agenda with me aside. If YOU don’t want to help OPs because you’ve gazed into your crystal ball and determined they are in over their head, then don’t help them. But please examine your motives for obsessively trying to prevent them from receiving assistance from others.

You are not the “advice police”. No one is running to you to ask if you agree with the advice they received from me. You are not an attorney. You are not a Medical Doctor. You are a long way from being an expert on many of the issues you regularly comment on.

OP specifically asked, "do i file the original with the clerk and will they mail copies"? The answer is yes,

The answer happens to be NO. She is in Federal Court. The clerk will NOT automatically mail copies of anything except court orders. OP has to enclose a certificate of service, showing that SHE served the opposing party.

This has less to do with anyone's knowledge of civil proceedure,

Uh, the whole question was about civil procedure. What did YOU think it had to do with???

BTW knowledge of which you are sadly lacking and your demonstrated need to intentionally lead a Pro Se OP astray.

Perhaps OP will post back and let us know if she was led astray or not.

A recent poster here pmd me to say he confirmed the advice I’d given him with an attorney and he didn’t understand why others here insisted that the advice was wrong, when it was NOT wrong.

This is an excellent example of how you have let your personal agenda with me harm OPs here. Stop putting your own emotional needs ahead of the needs of innocent OPs.

While OP did ask for resources in addition to their procedural question, you ignored the obvious answer

Again, there was no “obvious” answer. Your ignorance is showing.

so you could show off the fact that you knew of a reference,

Show off? Man, you are one disturbed chica. OP is in need of all the reference help she can get. She NEEDS to know how to find the basic research materials that are available. If it FELT like I was showing off to you, that is reflective of your insecurity.

interesting, that OP didn't mention Federal court in their original question, hummmmm was this a set up for you? Or is Chicago your next victim?

You are chasing your tail again Rmet. Get some help will you?

What you suggested was if someone let the air out of their tires

Please let some air out of your head so you can see how you are hurting the innocent people who come here. Put me on “ignore” will you? That way, you are free to answer all the questions you want and you don’t have to comment on anything you’ve seen ME write. You can give your own advice INDEPENDENT of mine. From what the moderator here told me a few months ago, that is how EVERYONE here should be offering advice.

If everyone here simply offered their own advice, without commenting on what they think of someone else or their advice, there would be VERY little infighting here. As it is, the infighting has reached the point where OPs are afraid to trust any advice they get.

I could follow you all over the forums telling OPs not to believe you because you are a wannabe shrink and everything you say is wrong. I don’t do that, because it would hurt the OPs. Please try thinking of the OPs when you are following me around.

You know nothing of civil procedure. You know nothing of tort law. If you MUST post to these forums, don’t try to undermine the value of posts written by those who DO know these areas of law. You are seriously hurting innocent people who others are trying to help.

 

[rmet4nzkx]

Megan,
At the point I originally responded, there was no reason to give any other advice to OP, because Badapple gave the obvious appropriate advice, to file the signed stipulation with the court clerk, at that point, no matter the jurisdiciton the court clerk can answer OP's further questions re proof of service. That is why in my second post, I said Yes and later in the paragraph made reference to the proof of service, so I covered both aspects in separate sentences, but both were issues the court's clerk could answer. I only responded to your futher argument with Badapple because you don't seem to be able to accept that you were wrong and why. If you had refered OP back to the court clerk, an attorney or specific section of the appropriate rules of court, you would have given appropriate advice, instead you sent them on a wild goose chase when they need to focus, you are the blind leading the blind away from their goal.

You are the one who doesn't want anyone else to give an OP advice, especially someone who knows about the law. I know far more about civil procedure that you will ever dream and without your interference I have very effectively and appropriately helped some OP through some very complex issues, Pro Se. If you went back and reviewed OP's history of posts they have been asking basic questions from day one some time ago, where were you, advising them? That is why they need to consult an employment attorney and why they are in above their heads. If they have a case with merit, they should be able to retain appropriate counsel to face the big guns of the defense. They don't know the basics and they cannot rely on an internet forum to hold their hand through the entire process.

Pointing out your errors is not undermining the advice of a person with knowledge of civil procedure or tort law, nor am I the only one pointing out your errors, every attorney on this board has done so more than once.

 

[badapple40]

If it has been signed by the opposing party, you don't need to serve them. Besides, once the judge signs off on the stipulation, it usually gets mailed out anyways, but you can serve the other party by... placing it in ordinary U.S. mail.

 

[meganproser]

I know far more about civil procedure that you will ever dream

You keep your knowledge well hidden when posting in this forum then. If you have so much knowledge, you must be playing stupid for some reason.

If they have a case with merit, they should be able to retain appropriate counsel to face the big guns of the defense

This is the idiotic assumption of someone who has not walked in OPs shoes. An attorney considers a lot more than the merit of a case before agreeing to take it on a contingency. There are plenty of cases with merit that never go to court.

nor am I the only one pointing out your errors, every attorney on this board has done so more than once.

Every attorney on this board has had his or her errors pointed out more than once. I’ve lost count of how many times I’ve seen YOU corrected.

Think what you will Rmet, I really don’t care. Just stop going so far as to deprive OPs of the help I try to give them. You can post your OWN advice WITHOUT making any negative comments about me or the advice I gave.

Give your advice INDEPENDENT of what I write...and have the grace to accept the fact that some OPs are going to IGNORE you. It is THEIR choice to take or leave whatever info they get in this forum. Stop trying to force yourself and your views on adults who have a mind of their own.

Bad Apple wrote: If it has been signed by the opposing party, you don't need to serve them.

You are probably right that it's unnecessary but it's so easy to include a COS and put a copy in the mail for opposing counsel, (in many cases such things are being "served" via email now), I see no reason to file anything without doing so. I guess it’s just a personal quirk of mine.

 

[rmet4nzkx]

Megan,
I had a response but it was disappeared when the database backed up and I'm not going to go to the trouble to respons item for item again.

I essence, quit posting false and misleading legal advice on these boards and I won't have to respond when you do.

Quit stalking and posting false accusations about members.

There is nothing inappropriate to refering an OP to appropriate legal references or to an attorney, please cease from trying to practice law on this site, especially when you don't know the basics.

When you are wrong I will continue to point it out, explain why you are wrong and give appropriate advice or referals, it is not fair or right for you to continually and intentionally give inappropriate legal advice and deprive OP of appropriate advice. They come here for direction, not to be victimized.

 

[meganproser]

Ok then. I hope you won't mind that I'm going to become a regular contributor to all of the forums you post in.

I am beginning to wonder if the information you give elsewhere is as incorrect as what you give here. I feel I need to protect others from you because I have seen you make so many mistakes. I've also seen you lose all semblance of objectivity when an OP ignores your advice.

I'm sure the OPs in your regular forums will benefit from hearing my opinions along with yours. The more opinions the merrier right?

By the way, have you learned the difference between a notice of deposition, and a subpoena yet? There is a difference and when an OP mentions that he’s a party, he doesn’t really have to tell us which of the two documents he received. Do you know why that is Rmet? Hmmm?