QUESTION

How much time do I have to respond to a motion to dismiss?

Asked on Dec 25th, 2016 on Labor and Employment - California
More details to this question:
I filed a complaint against a former county government employer for job discrimination (Race, Age) and Retaliation in USDC - Federal Court - on 07-26-2016. The EEO and EEOC had my case for over 2 years before closing it in May 2016. I was issued a 'Notice of Right to Sue' saying "[X] The EEOC issues the following determination: Based upon its investigation, the EEOC is unable to conclude that the information obtained establishes violations of the statutes. This does NOT certify that the respondent is in compliance with the statutes. No finding is made as to any other issues that might be construed as having been raised by the charge." I DISAGREE with the EEOC's findings, and proceeded Pro Se, due to time constraints, while I seek legal representation (I would like the Court to appoint me an attorney). I want to also note that the EEOC never contacted me during the actual investigation to rebut my former employer's response. After asking for a release of the investigation file, many documents were omitted. My former employer is known for falsifying documents and dirty tricks. Even a member of its own legal counsel was convicted of lying to a Grand Jury. And, a County Supervisor boasts a convicted past as a Drug Dealer (later reduced to a misdemeanor or something like that). I believe my former employer did the same in its response to the EEOC. Meaning falsification of documents and misleading the EEOC. And because I was not contacted during the investigation, I was not able to point out the deficiencies in my former employer's response to the EEOC nor challenge any information they provided the EEOC. I am proceeding In Forma Pauperis (without having to pay fees), and a Magistrate Judge reviewed my Complaint initially, and on a second occasion. In both instances the Magistrate said my Complaint was not frivolous and etc. and should move forward in the process.
Report Abuse

1 ANSWER

Elder Law Attorney serving Hollister, CA at Charles R. Perry
Update Your Profile
Time limits for opposing motions differ, depending on which federal court you are in. You will find the answer in the local rules for that district, which are available on the website for that district. The Court also will not appoint you an attorney, as this is a civil matter.
Answered on Feb 21st, 2017 at 10:05 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters