For Wednesday, March 11

Essay # 4 will post at 12:30 on Wednesday; due in class on Wednesday, March 18.

Review Discovery Process, then prep Enforcing and Avoiding and the assigned questions as to all. We hopefully will get to Coca Cola on Thursday and Friday.

 

For Friday, March 6

Thursday audio--Section B, Section A.

Prep the remainder of Discovery Process and all related questions. Understand the various devices, how they operate, and how they relate.  Also: Why might an attorney object during a deposition, given FRCP 30(c)?

Consider a different way to control a client during a dep. 

Again, sample discovery documents can be found here, here, and here. We will not discuss in class; this is purely to illustrate how discovery docs look and sound. 

For Thursday, March 5

Wednesday audio--Section B; Section A. Essay # 4 will post on Wednesday, March 11, due Wednesday March 18. Prelim Exam will post on Wednesday, March 18, due Wednesday March 25. Double session next Friday, March 13. No class on Thursday, March 19 and Friday, March 20.

Also, note that we have dean candidates on campus tomorrow and Friday; each will hold an open forum for the FIU community at 12:45 in RDB 1000. It's a good chance to hear from the person who will lead the school for your last two years.

We will finish Amendments, beginning with the final two elements of relation back--the timing of 4(m) and "mistake." Krupski says relation back is mandatory--does that mean amendment is mandatory? Is there another reason to deny leave in Krupski? If pleading John Doe is not a mistake, what can the plaintiff in Herrera do if he does not know the defendant officer's name?

Then prep all of Managerial Judging; parse out what is happening in FRCP 16 conferences, as well as the orders in NFL and McCullers (the "have lunch" order).

Then move to Discovery:Discovery Process. For tomorrow, prep Questions 1-5; with those questions, prep the assigned portions of FRCP 1, 16, 26(a), 26(e), 26(f), 30(a)-(d), and 34. We will get to the rest of Discovery Process on Friday.

Some sample discovery documents can be found here, here, and here. We will not discuss in class; this is purely to illustrate how discovery docs look and sound.

Essay # 2 (Both Sections)

Available outside my office.

Section A 

Median: 33

Mean: 30.1

High:42

 

Section B:

Median:31

Mean:31.4

High: 41

Essay # 3 (Section A)

Available outside my office.

Median: 25

Mean: 23.4

High: 29

Essay # 3 (Section B)

Available outside my office. 

Median: 26

Mean: 26.14

High: 36

For Wednesday, March 4 (back from break)

Friday audio--Section B, Section A. Expect Essay # 4 to post on the Friday we return. Expect the Prelim Exam to post the following Friday.

For Wednesday, prep the remainder of Amendments. That will take us through the Wednesday and part of Thursday when we return. We then will move into Discovery beginning on Thursday.

Have a great break. 

For Friday, February 20 (and into break)

Thursday audio--Section B, Section A (forthcoming). 

We continue with Amendments. Prep everything but Krupski and Herrera. Prep through Question 16. Our focus is going to be the text of 15(a)(1), Foman's interpretation of 15(a)(2), and the six factors Foman introduces. Be aware of the basic principle of relation back, although we will not dive into its elements until after break. 

 Work the following: A files a Complaint. It receives leave to amend; it files an Amended Complaint. It then files a Second Amended Complaint, without seeking leave. What should Defendant do if it believes the Second Amended Complaint is not properly filed. Is it properly filed?

For Thursday, February 18

Wednesday audio--Section B, Section A. Essays ## 2 and 3 due in class tomorrow.

Prep the remainder of Responsive Pleadings. Work through all of Holmes; identify each claim and determine whether it is properly brought in this litigation. Consider also the counterclaims in Kinsmann, Bose, and Jones. Consider how FRCP 18(a) fits into all of this.

We might get to the beginning of Amendments at the end of class. Review FRCP 15(a)(1) and (2), Questions 1-3, and the two puzzles for this section. We are going to parse and break down the text of all parts of FRCP 15(a).