Whyspers, I received Experian's affirmative defenses and their notice of removal. I know how to answer the notice of removal but what do about the affirmative defenses. Do I deny, acknowledge or claim no knowledge or do I answer them will full explanation?
I wouldn't do anything at this point concerning affirmative defenses. Since its been removed to federal court, I believe the next step will be for the scheduling order for discovery. I think it would be good at this point to show that you aren't intimidated by the fact its been removed to federal court and call up the other attorney, or write to them and say something along the lines of "enclosed please find proposed Scheduling Order for your review. Please contact me to discuss acceptable dates along with the scope of discovery. Very truly yours," You should wait until you receive notice from the court that the hearing for the scheduling order has be set for such and such a date. Grab a copy of the federal rules and get familiar with them and don't blink L
I thought that Notice of Removal meant that they were requesting the court to move it. The Court has not contacted me yet. The attorneys for EX sent me the documents requesting removal. Also, what is scheduling order? Is there a book that can purchase to walk me through what I need to know? Thanks for your input, whyspers.
If one side wants to move it, it would be dificult to prevent it unless you have a really compelling reason. In federal Court you get discovery which lets you (and them) learn exactly what ammunition the other side has. For most this is a good thing and can encourage a fair settlement prior to Court.
