Q: how to fight a motion to dismiss in Federal court for EEOC 2 nd district.

A: Many cases are dismissed.

You are in Federal District Court for the Southern District of New York apparently. The 2nd Circuit Court of Appeals is an appellate level action which determines federal trial court decisions.

Hopefully your complaint pled specific facts which assuming you can prove are sufficient enough to create a justifiable fact question which if proven in your favor would entitle you to recovery.

You must respond in writing in a timely matter. The Court permits parties to amend their pleadings usually once as a matter of course. If your Amended Complaint is insufficient that may be the end of the line.

You really should have legal counsel on your side. Most of us can speak with a potential client and within a half hour or hour or two on the phone decide whether we think we could prove a case with the facts a plaintiff believes they have.

You need legal counsel. Call around. We may speak with 10 to 20 cases before we accept one because it does little good to waste time if the dispositive facts or damages either are not there or can not be proven. Lawyer up no matter how many lawyers you have to call.

A: Way too much information would be required to adequately respond to this question. If you have a "good case," you should be able to present it to lawyers to evaluate and see if you can find one willing to work on it on a contingency fee basis if you cannot afford counsel.