Summary
In Illinois, you can file a motion to dismiss a federal civil suit under Rule 41(b) of the Federal Rules of Civil Procedure if a false amendment is involved. If the plaintiffs lawyer admits the amendment is false, consider filing a motion to strike under Rule 12(f). Consult a legal professional for specific guidance.Full Conversation
Federal civil suite . Plaintiff submitted a false amendment after we called them on and wants to withdraw the item
Hello ****. Could you please inform me about your location so I can provide you with the most accurate information? Additionally, has the court accepted the plaintiff's request to withdraw the false amendment?
Illinois . No they did not accept or respond yet. Can we file a dismissal
In Illinois, you can file a motion to dismiss under Section *-* or *-* of the Illinois Code of Civil Procedure if you believe there's a legal reason the case should be dismissed. It's advisable to consult a lawyer for specific guidance.
Can’t find a lawyer to take my case. As soon as I mention federal civil and neca labor union
I understand your difficulty, ****. It's unfortunate you're having trouble finding representation. You might consider contacting your local bar association for referrals or seek assistance from legal aid organizations in Illinois. They often help individuals who struggle to find legal representation.
The plaintiffs lawyer admitted it was false
That's a significant point, ****. Have you brought this to the court's attention in writing, such as in a motion or affidavit? It might be beneficial to document the plaintiff's lawyer's admission.
He admitted in motion that the amendment they referred to is not from our union
That's a crucial detail, ****. You could consider filing a motion to strike the false amendment, as per Rule *(f) of the Federal Rules of Civil Procedure. Remember to provide proof of their admission. It's recommended to consult with a legal professional for precise directions.
File a dismissal with prejudice .
To file a dismissal with prejudice in a federal civil lawsuit, you can submit a motion to dismiss under Rule *(b) of the Federal Rules of Civil Procedure. Remember, the decision lies with the court and it's best to seek advice from a legal professional.