Joseph Barber of The Patterson Law Firm, LLC Comments on the Rules for Motions in Federal Court as Issued by Magistrate Judge Andrew Rodovich

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Attorney Joseph Barber commented on the importance of the following rules for motions in federal court.

A recent opinion issued by Magistrate Judge for the Northern District of Indiana Andrew Rodovich provided a thorough analysis of Rule 56(d) of the Federal Rules of Civil Procedure. The ruling stated that an extension of time to conduct discovery in a case between Joseph Barber of the Patterson Law Firm, LLC and an opposing counsel was not allowed because the case had already been pending for two years.

The opposing counsel had attempted twice to obtain an extension of time to file a response to Barber’s motion for summary judgment in order to conduct discovery. However, the case had been pending for two years with a full opportunity to conduct discovery. So in a memorandum and order entered on August 22, 2011, the court found that the first motion was deficient under Rule 56(d) and opposing counsel was not entitled to two opportunities to put forth their argument. Both successive motions were denied in light of the procedural and substantive shortcomings. The Court went on to note that even if the motions were procedurally correct, there was no good cause shown for the failure to conduct the allegedly needed discovery during the previous two years.

Barber commented on the importance of the following rules for motions in federal court. “The decision contains an excellent discussion of the rule and the cases that have been decided under that rule,” he said.

Barber concentrates his legal practice in the areas of breach of contract, emergency business litigation suits, intellectual property and unfair competition cases. Prior to joining the Patterson Law Firm in 2008, he graduated with high honors from the University of Illinois College of Law and served as a judicial extern for Matthew Kennelly of the District Court for the Northern District of Illinois.

The Patterson Law Firm, LLC is dedicated to helping businesses, professionals and entrepreneurs properly handle business lawsuits while facilitating effective business practices. With the top four lawyers having more than 99 years of combined trial experience, The Patterson Law Firm, LLC provides effective, efficient and ethical representation for clients.

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To learn more about how The Patterson Law Firm, LLC can help you, call the office at 312.223.1699.

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