Q: Central district court of california - federal case. 1. Opposing motion to strike. 2. Service of complaint
1How can plaintiff oppose defendant's motions to dismiss complaint? This can happen before scheduling order is issued.
Are due dates ordered by court, or defined by court rules? 2. For service on defendant - a copy from PACER is needed? What is difference between conformed copy and copy from PACER?
A:
To oppose a motion to strike in the Central District Court of California, a plaintiff should file a written opposition. This involves presenting legal arguments and evidence to counter the defendant’s motion. The opposition should address each issue raised in the motion to strike, demonstrating why the complaint or its parts are valid and should not be stricken.
The deadlines for filing such oppositions are usually set by the Federal Rules of Civil Procedure and can be supplemented by local rules of the specific court. Typically, you would have a set number of days from the date the motion was served to file your opposition.
Regarding the service of the complaint, a copy from PACER (Public Access to Court Electronic Records) is generally sufficient. PACER provides electronic access to federal court documents. The term "conformed copy" refers to a copy of a legal document that has been stamped and filed by the court, indicating it is an official court document. The difference between a conformed copy and a PACER copy is that the conformed copy bears these official court stamps, while a PACER copy is simply a digital version of the court document.
For service purposes, ensure that you are complying with the Federal Rules of Civil Procedure and any specific requirements of the Central District Court of California. Accurate and timely service of process is critical for the continuation of your case.
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