Federal rules of civil procedure

[level set]

As you can see, there is an extensive and comprehensive process in place for civil litigation. The Nkemdiche brothers will have massive defense counsel costs as a result of this process. Based upon reading the complaint, there appears to be at least one person willing to testify against the Nkemdiche brothers. Note that it's not out of the question that criminal charges are filed as a result of the civil litigation. People that didn't talk when the incident took place might find themselves telling the truth once they are placed under oath. Defense counsel has three weeks from the date of filing / delivery of the summons to respond to the complaint. I do not anticipate this going away any time soon. Every few weeks there will be back and forth between the parties as they go through the process. The longer it goes on, thus passing the sniff test, the better the odds are that a settlement will be reached or the case will go to trial.




FEDERAL RULES OF CIVIL PROCEDURE

(As amended to December 1, 2013)1

RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS
TITLE I. SCOPE OF RULES; FORM OF ACTION
Rule 1. Scope and Purpose
Rule 2. One Form of Action
TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
Rule 3. Commencing an Action
Rule 4. Summons
Rule 4.1. Serving Other Process
Rule 5. Serving and Filing Pleadings and Other Papers
Rule 5.1. Constitutional Challenge to a Statute?Notice, Certification, and Intervention
Rule 5.2. Privacy Protection For Filings Made with the Court
Rule 6. Computing and Extending Time; Time for Motion Papers
TITLE III. PLEADINGS AND MOTIONS
Rule 7. Pleadings Allowed; Form of Motions and Other Papers
Rule 7.1. Disclosure Statement
Rule 8. General Rules of Pleading
Rule 9. Pleading Special Matters
Rule 10. Form of Pleadings
Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Rule 13. Counterclaim and Crossclaim
Rule 14. Third-Party Practice
Rule 15. Amended and Supplemental Pleadings
Rule 16. Pretrial Conferences; Scheduling; Management
TITLE IV. PARTIES
Rule 17. Plaintiff and Defendant; Capacity; Public Officers
Rule 18. Joinder of Claims
Rule 19. Required Joinder of Parties
Rule 20. Permissive Joinder of Parties
Rule 21. Misjoinder and Nonjoinder of Parties
Rule 22. Interpleader
Rule 23. Class Actions
Rule 23.1. Derivative Actions
Rule 23.2. Actions Relating to Unincorporated Associations
Rule 24. Intervention
Rule 25. Substitution of Parties
TITLE V. DISCLOSURES AND DISCOVERY
Rule 26. Duty to Disclose; General Provisions Governing Discovery
Rule 27. Depositions to Perpetuate Testimony
Rule 28. Persons Before Whom Depositions May Be Taken
Rule 29. Stipulations About Discovery Procedure
Rule 30. Depositions by Oral Examination
Rule 31. Depositions by Written Questions
Rule 32. Using Depositions in Court Proceedings
Rule 33. Interrogatories to Parties
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Rule 35. Physical and Mental Examinations
Rule 36. Requests for Admission
Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
TITLE VI. TRIALS
Rule 38. Right to a Jury Trial; Demand
Rule 39. Trial by Jury or by the Court
Rule 40. Scheduling Cases for Trial
Rule 41. Dismissal of Actions
Rule 42. Consolidation; Separate Trials
Rule 43. Taking Testimony
Rule 44. Proving an Official Record
Rule 44.1. Determining Foreign Law
Rule 45. Subpoena
Rule 46. Objecting to a Ruling or Order
Rule 47. Selecting Jurors
Rule 48. Number of Jurors; Verdict; Polling
Rule 49. Special Verdict; General Verdict and Questions
Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error
Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings
Rule 53. Masters
TITLE VII. JUDGMENT
Rule 54. Judgment; Costs
Rule 55. Default; Default Judgment
Rule 56. Summary Judgment
Rule 57. Declaratory Judgment
Rule 58. Entering Judgment
Rule 59. New Trial; Altering or Amending a Judgment
Rule 60. Relief from a Judgment or Order
Rule 61. Harmless Error
Rule 62. Stay of Proceedings to Enforce a Judgment
Rule 62.1. Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal
Rule 63. Judge's Inability to Proceed
TITLE VIII. PROVISIONAL AND FINAL REMEDIES
Rule 64. Seizing a Person or Property
Rule 65. Injunctions and Restraining Orders
Rule 65.1. Proceedings Against a Surety
Rule 66. Receivers
Rule 67. Deposit into Court
Rule 68. Offer of Judgment
Rule 69. Execution
Rule 70. Enforcing a Judgment for a Specific Act
Rule 71. Enforcing Relief For or Against a Nonparty
TITLE IX. SPECIAL PROCEEDINGS
Rule 71.1. Condemning Real or Personal Property
Rule 72. Magistrate Judges: Pretrial Order
Rule 73. Magistrate Judges: Trial by Consent; Appeal
Rule 74. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
Rule 75. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
Rule 76. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
[Rule 71A. Renumbered Rule 71.1]
TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS
Rule 77. Conducting Business; Clerk's Authority; Notice of an Order or Judgment
Rule 78. Hearing Motions; Submission on Briefs
Rule 79. Records Kept by the Clerk
Rule 80. Stenographic Transcript as Evidence
TITLE XI. GENERAL PROVISIONS
Rule 81. Applicability of the Rules in General; Removed Actions
Rule 82. Jurisdiction and Venue Unaffected
Rule 83. Rules by District Courts; Judge's Directives
Rule 84. Forms
Rule 85. Title
Rule 86. Effective Dates
XII. APPENDIX OF FORMS (U.S. Courts site)
XIII. SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS AND ASSET FORFEITURE ACTIONS
Rule A. Scope of Rules
Rule B. In Personam Actions: Attachment and Garnishment
Rule C. In Rem Actions: Special Provisions
Rule D. Possessory, Petitory, and Partition Actions
Rule E. Actions in Rem and Quasi in Rem: General Provisions
Rule F. Limitation of Liability
Rule G. Forfeiture Actions in Rem

[RC3]

It's not filed in federal court

[bluelightstar]

It's not filed in federal court

MRCP isnt much different

[Coach34]

either way- it's going to be settled out of court. There is no way in hell the Kimchees or the BearSharks want that crap coming out in public

[RossDawg82]

Here is a question: Since the civil suit is being filed personally and not against the University, The Kemdouche brothers will have to afford their own legal counsel and cannot be represented by the university's retained counsel. Would I be correct to assume this and if so, what kind of money does the family come from and will they be able to retain powerful counsel that could match the firm coming after them?

[spiritual_machine2005]

Here is a question: Since the civil suit is being filed personally and not against the University, The Kemdouche brothers will have to afford their own legal counsel and cannot be represented by the university's retained counsel. Would I be correct to assume this and if so, what kind of money does the family come from and will they be able to retain powerful counsel that could match the firm coming after them?

I may be wrong, but I think the parents are doctors, so they probably have money.

[Saltydog]

paying a single red cent for it. NO, the university won't help or pay for any legal services but their "network" will ensure they get good representation and cover the billing/money trail.

[RC3]

Other word on the skreet is that the kardashians have hired the fareeses

[DawgHouseUnited]

I may be wrong, but I think the parents are doctors, so they probably have money.

From Interpolation_Dawg in the OM timeline thread-

And this: http://msn.foxsports.com/college-football/outkick-the-coverage/robert-nkemdiche-nations-top-recruit-riles-up-mississippi-legislature.php

The Kimchee's father is a doc, but not sure how much contact there is. The article said Robert was living with his legal guardian, not father.

[RC3]

Either way, their father would not be on the hook in any way

[RossDawg82]

Other word on the skreet is that the kardashians have hired the fareeses

Maybe for the criminal matter but they wouldn't handle the civil suit.

[RC3]

Maybe for the criminal matter but they wouldn't handle the civil suit.

Why not?
I know they have a great reputation for criminal defense, but I believe they are capable of handling civil suits as well

[1bigdawg]

I may be wrong, but I think the parents are doctors, so they probably have money.

I am not certain about the mother, but the father has had trouble getting his license to practice in the US. He does not make much money at all, less than the average MSU grad fresh out of school.

[RossDawg82]

Why not?
I know they have a great reputation for criminal defense, but I believe they are capable of handling civil suits as well

They only handle the criminal side of Ole Miss football and from the looks of it they have had plenty of work to do. They are expecting a call for the misdemeanor arrests anytime now but have yet to be involved in any civil suit. We will know for sure soon, they have 30 days to answer the complaint.

[Squidawg11]

either way- it's going to be settled out of court. There is no way in hell the Kimchees or the BearSharks want that crap coming out in public

Maybe, but I'm not so sure. A lot of GA kids at OM are trust fund babies. Their motivation to bring the suit may not be money. They may be out for blood. They hired a really solid firm out of Memphis.

[RC3]

They only handle the criminal side of Ole Miss football and from the looks of it they have had plenty of work to do. They are expecting a call for the misdemeanor arrests anytime now but have yet to be involved in any civil suit. We will know for sure soon, they have 30 days to answer the complaint.

you obviously know something i do not; i was just stating that i believe they were capable of handling civil litigation as well, however that is not the first group of attorneys i would go to for such....

[DownwardDawg]

I am not certain about the mother, but the father has had trouble getting his license to practice in the US. He does not make much money at all, less than the average MSU grad fresh out of school.

^^^This^^^.
He is an unlicensed physician.

[Joliet Jake]

Maybe for the criminal matter but they wouldn't handle the civil suit.

They handle civil suits. They are known for criminal matters, but they also handle civil matters. Know someone who is on the other side of a civil matter with them right now actually.

[codeDawg]

either way- it's going to be settled out of court. There is no way in hell the Kimchees or the BearSharks want that crap coming out in public

This doesn't smell like something that is going to get settled to me. They know they are not going to get any money out of these guys at the end of the day. They would have already settled this if money was the driver, and $2MM is chump change that will get completely eaten by expenses. They are after something much larger.

[BrunswickDawg]

A lot of GA kids at OM are trust fund babies. Their motivation to bring the suit may not be money. They may be out for blood.

I can tell you for certain - kids from St. Simons who go to Ole Miss: a) have money; 2) could not get into UGA; and tend to fit our stereotype for all things OM
OM actively recruits kids here - my daughter texted me Friday from the HS asking if she should bring home the OM Scholarship app they were giving out or burn it (I am training her right).

[RC3]

This doesn't smell like something that is going to get settled to me. They know they are not going to get any money out of these guys at the end of the day. They would have already settled this if money was the driver, and $2MM is chump change that will get completely eaten by expenses. They are after something much larger.

while they(the plaintiff) may be after something larger, the attorneys are after some $$, i can promise you. most plaintiff suits are taken on a contingency basis; now this case may very well be an exception to this rule and the family may be willing to pay all the costs. But i can assure you, it has been an expensive process to get this type of action together. Usually a reputable firm wont take a chance on a case like this (especially on a contingency basis) if it doesnt have some teeth to it.

[NewTweederEndzoneDance]

while they(the plaintiff) may be after something larger, the attorneys are after some $$, i can promise you. most plaintiff suits are taken on a contingency basis; now this case may very well be an exception to this rule and the family may be willing to pay all the costs. But i can assure you, it has been an expensive process to get this type of action together. Usually a reputable firm wont take a chance on a case like this (especially on a contingency basis) if it doesnt have some teeth to it.

If the attorneys here were after money, they'd have also sued KA. It's possible there has already been a confidential settlement with KA. But, at this point these guys are just out for blood.

[RC3]

If the attorneys here were after money, they'd have also sued KA. It's possible there has already been a confidential settlement with KA. But, at this point these guys are just out for blood.

That's a good point. It may be that the kids didn't want to sue their own fraternity though.

[maroonmania]

I may be wrong, but I think the parents are doctors, so they probably have money.

Plus I'm sure there will be a long line of OM lawyers willing to comp their fee.

[RC3]

They only handle the criminal side of Ole Miss football and from the looks of it they have had plenty of work to do. They are expecting a call for the misdemeanor arrests anytime now but have yet to be involved in any civil suit. We will know for sure soon, they have 30 days to answer the complaint.

http://www.clarionledger.com/article/20140219/SPORTS030103/140219011

this article indicates that the fareeses are indeed their attorneys in the civil matter as well

[DudeDawg]

They only handle the criminal side of Ole Miss football and from the looks of it they have had plenty of work to do. They are expecting a call for the misdemeanor arrests anytime now but have yet to be involved in any civil suit. We will know for sure soon, they have 30 days to answer the complaint.

They have 30 days as of the day they (defendants) are personally served with the summons and a copy of the complaint to be answer the Complaint. The Plaintiff's have 120 days with which to serve the named defendants. Thus, it may be several months before we see an answer to the complaint

[Political Hack]

I may be wrong, but I think the parents are doctors, so they probably have money.

the mother is a congresswoman in Africa although she was supposed to be moving back to the states with assistance from OM after Kimchee2 signed. the dad was not licensed to practice medicine in the US as of last year.

"Who" pays for the settlement is an NCAA matter, not a legal matter. If they agree within the settlement to keep that closed there's nothing that can be done by the NCAA.

Some people don't understand this, but 99% of people can just flip the NCAA the bird and tell them to screw off. Only the school and people officially tied to the school have to cooperate. people make the mistake of thinking they have to cooperate with them that's when things get messy... otherwise it's just a bunch of BS rumors.

I fully expect them to pay this off and have it disappear with no repercussions what so ever. That's the only way in hell OM would've ever released such a BS statement about a lack of proof.

[cujo]

Here's what I don't understand. No one seems to be disputing that the plaintiff did in fact get knocked down, kicked, stomped, etc. The dispute is over who did it. At a frat house party there had to be hundreds of cell phones there and it would seem that someone video'ed the guy getting the shat kicked out of him. That should answer the question of whodid it pretty quickly, shouldn't it?

[archdog]

From Interpolation_Dawg in the OM timeline thread-

And this: http://msn.foxsports.com/college-football/outkick-the-coverage/robert-nkemdiche-nations-top-recruit-riles-up-mississippi-legislature.php

The Kimchee's father is a doc, but not sure how much contact there is. The article said Robert was living with his legal guardian, not father.

I believe he was living this Schussler's parents so that he could play with the same football team in high school. Not sure if that was the only reason though.

[archdog]

Here's what I don't understand. No one seems to be disputing that the plaintiff did in fact get knocked down, kicked, stomped, etc. The dispute is over who did it. At a frat house party there had to be hundreds of cell phones there and it would seem that someone video'ed the guy getting the shat kicked out of him. That should answer the question of whodid it pretty quickly, shouldn't it?

You know those videos have long since been deleted. It would be interesting to reread their tweets from right after the alleged dispute happened.

[Martianlander]

Other word on the skreet is that the kardashians have hired the fareeses

The Tupelo Journal this morning (the Ole Miss daily)' quoted Steve Farese as their attorney.