Question About Amended Pleadings

Status
Not open for further replies.
M

miccar

New Member
In my complaint, I asked for compensatory and punitive damages but I did not state a specific amount as I have no idea how to calculate such an amount. On July 25th, the magistrate issued a scheduling order and wants all amended or supplemental pleadings filed by Aug. 19th and all dispositive motions filed by Sept. 19th. Do I need to file an amended pleading stating a specific amount for damages?
 
miccar said:
In my complaint, I asked for compensatory and punitive damages but I did not state a specific amount as I have no idea how to calculate such an amount. On July 25th, the magistrate issued a scheduling order and wants all amended or supplemental pleadings filed by Aug. 19th and all dispositive motions filed by Sept. 19th. Do I need to file an amended pleading stating a specific amount for damages?
Click to expand...

You need only to have the pleadings say "according to proof" at this time. As you go through discovery, you may come to a more precise calculation of what your damages are and you can address it then.
 
I suggest you review the FRCP, Federal Rules of Civil Procedure. It isn't as loosey-goosey as a state court.

In fact, federal pleadings are a pain.

I suggest you set an amount that approximates your damages.

Ultimately, the jury will decide.

My rule of thumb is to be reasonable.

Forget precision, just be reasonable and fair.

In law school, a year was devoted to federal pleadings.

I spent another six months working through the damn things at the Army JAG School at UVA in Charlottesville.
 
Last edited:
Thank you. It's hard to know what is reasonable and fair when I've lost eight years of my life, my wife and step-kids, and labeled a sex offender for something I was acquitted of. Especially when I have no experience in these matters. I have been reading the FRCP, 26(f) to determine if I need to set up an early meeting with the parties. I can't make heads or tails of it but I think I am exempt because I am pro se. Did I read that right?
 
Update... The state and the therapist defendant waited until the last minute to file a motion for extension of time so they could file for Summary Judgment. They don't have a leg to stand on so this was clearly another delay tactic so I wasted no time filing for Summary Judgment for myself. The therapist, who was representing herself. has now hired a lawyer and has filed her own Summary Judgment. This should be good. I'll keep you posted.
 
miccar said:
Update... The state and the therapist defendant waited until the last minute to file a motion for extension of time so they could file for Summary Judgment. They don't have a leg to stand on so this was clearly another delay tactic so I wasted no time filing for Summary Judgment for myself. The therapist, who was representing herself. has now hired a lawyer and has filed her own Summary Judgment. This should be good. I'll keep you posted.
Click to expand...


Don't lose by letting her out lawyer you.

Federal cases are fraught with procedural traps.

Be careful.

You might want to consider retaining counsel yourself.

At least have a couple initial consults.

They are without charge or obligation.

You can ask several procedural questions.

Be prepared.

Do your homework.

Their ain't no easy wins.
 
I greatly appreciate your time and sound wisdom. Believe me, I have tried diligently to obtain representation but I do not have the finances and no one will take the case on a contingency basis.
Was very pleased to learn of Judge Pitman's good fortune. I suppose this could cause some delay as the new magistrate gets up to speed. I can wait...
In the mien time, I will continue to study and do my homework. It is just so much easier now that I have the web at my disposal.
There are no easy wins,
Michael
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top