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  1. #1

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    J. took over 120 days to rule on motion to dismiss for lack of SMJ and then granted

    I rep a client in a Section 1983 case in fed. ct. The Defendant cops filed a Motion to Dismiss, based on the Rooker Feldman doctrine, which clearly does not apply to my case. The problem is, the J granted the motion over 120 days after it was filed. I have filed an appeal to the Second Circuit but same will not become effective until the judge denies my motion for reconsideration, which he has had before him, but not ruled on since April 3, 2009. What is my next best move, particularly if the Judge did exceed the time limit for his ruling on the Motion to Dismiss my case for lack of SMJ?



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    Are you a lawyer?

    Did the judge exceed the time limit for rendering a decision? Where is this time limit set out?

  3. #3

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    Ruling on Motion to Dismiss for Lack of SMJ

    Yes, I am a lawyer. I have scoured the FRCP and the internet for information on rulings on dispositive motions. I was surprised to not find a time limit for same, and became concerned that I may have overlooked same. Apparently, I have not. I will file a motion for an expedited ruling on my reconsideration. Thanks for your time.

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