Civil Procedure

Question 1

cross-claims

Answer 1

a party may assert a cross-claim againt a co-party only if the cross-claim arises from the same T/O as the original action or a counterclaim

but once party files a cross-claim, he may join it with any other claim he has against the same party

Question 2

venue waiver

Answer 2

proper venue may be waived by defendant

Question 3

supplemental jurisdiction

Answer 3

When the federal court has subject matter jurisdiction over one claim, it has discretion to exercise supplemental jurisdiction over related claims that

1. derive from the same common nucleus of fact, and
2. are such that a plaintiff would ordinarily be expected to try them in a single judicial proceeding

Diversity Exception: claims by a plaintiff against an impleaded party cannot rely on supplemental jurisdiction to circumvent diversity. However, this does not apply to claims by defendants, so a defendant (third party plaintiff) can rely on supplemental jurisdiction to bring claims against third party defendants

Question 4

venue (where is it proper)

Answer 4

Federal venue in civil actions is proper in

1. the district where any defendant resides, if all defendants are residents of the state in which the district is located; and
2. the district in which a substantial part of the events or omissions giving rise to the claim occurred.

Corporate Residence: Corporations are deemed to reside in any district in which it is subject to personal jurisdiction with respect to the action in question

Question 5

removal requirements

Answer 5

removal must be sought within 30 days after receipt by or service on the defendant of the initial pleading or summons

Exception: if the case was not initially removable, then removal must be sought within 30 days of the case becomign removable

Removal Based on Diversity: if more than 1 year passed since suit was filed, no removal based on diversity (unless there was bad faith on part of plaintiff)

Question 6

Rule 26(f) conference purpose

Answer 6

parties must confer to consider their claims and defenses, the possibility of settlement, initial disclosures, and a discovery plan.

parties then must submit a proposed discovery plan to the court, and the plan must address the timing and form of required disclosures, the subjects on which discovery may be needed, the timing of and limitations on discovery, and relevant orders that may be required of the court.