Does 9006(f) apply to time to respond to amended
Posted: Thu Jul 24, 2014 5:03 pm
If I could retract this email I would. I think my analysis is wrong. 9036
does not overwrite 9006(f). I now think 9006 does not apply to FRCP 15
because FRCP 15 provides it's own time (14 days from service). I am sorry
for responding too quickly to something I don't know about.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Wed, Jul 23, 2014 at 9:25 PM, Michael Avanesian wrote:
> FRBP 9036 and corresponding local rule overrule 9006(f) as far as it
> applies to FRCP 5(B)(2)(E), at least that's my crude understanding.
>
> Also an unofficial answer from me is that if this is an adversary
> proceeding and you have yet to make an appearance / file papers in the
> adversary, then service on your by electronic means is not proper service.
> I am not sure about this as it is at the outermost limit of my knowledge.
>
> I also highly recommend everyone read 9006(a)(5) and the corresponding
> notes -- talk about mind blown. It's my favorite example of code to show
> non attorneys so they get a taste for some of the craziness that we have to
> put up with. One cousin talks about aliens, the other about the meaning of
> life, I bring up 9006.
>
> Sincerely,
> Michael Avanesian
>
> On Tue, Jul 22, 2014 at 1:51 PM, Holly Roark hollyroark22@gmail.com
> [cdcbaa] wrote:
>
>>
>>
>> It also applies to electronic service.
>>
>>
>> On Tuesday, July 22, 2014, 'Leventhal Law Group, P.C.' law@3yl.com
>> [cdcbaa] wrote:
>>
>>>
>>>
>>> If you were served by mail you get the three days.
>>>
>>>
>>> Jonathan Leventhal, Esq..
>>> Leventhal Law Group, P.C.
>>> 818-347-5800
>>>
>>> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail
>>> notice for ex parte Applications via voicemail or by email.
>>>
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>>>
>>> -------- Original message --------
>>> Date:07/22/2014 12:29 PM (GMT-08:00)
>>> To: Strictly Bankruptcy Issues ,cdcbaa
>>> Subject: [cdcbaa] Does 9006(f) apply to time to respond to amended
>>> complaint under FRCP 15?
>>>
>>>
>>>
>>> In other words, do I have 14 + 3 days to respond to a timely filed
>>> amended complaint, or just a strict 14 days?
>>>
>>> --
>>> Holly Roark
>>> Certified Bankruptcy Specialist*
>>> *and Sports Lawyer*
>>> holly@roarklawoffices.com **primary email address**
>>> www.roarklawoffices.com
>>> Central District of California
>>> Consumer Bankruptcy Attorney
>>> 1875 Century Park East, Suite 600
>>> Los Angeles, CA 90067
>>> T (310) 553-2600
>>> F (310) 553-2601
>>>
>>> *By State Bar of California Board of Legal Specialization
>>>
>>>
>>> **For a quicker response, email me at holly@roarklawoffices.com.
>>> I only use gmail for my listservs, and am likely to miss private emails
>>> directed to my gmail account.**
>>>
>>>
>>>
>>
>> --
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> *and Sports Lawyer*
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> Central District of California
>> Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600
>> Los Angeles, CA 90067
>> T (310) 553-2600
>> F (310) 553-2601
>>
>> *By State Bar of California Board of Legal Specialization
>>
>>
>> **For a quicker response, email me at holly@roarklawoffices.com.
>> I only use gmail for my listservs, and am likely to miss private emails
>> directed to my gmail account.**
>>
>>
>>
>>
>
>
If I could retract this email I would. I think my analysis is wrong. 9036 does not overwrite 9006(f). I now think 9006 does not apply to FRCP 15 because FRCP 15 provides it's own time (14 days from service). I am sorry for responding too quickly to something I don't know about.
Sincerely, Michael AvanesianLaw Offices of David A. Tilem
The post was migrated from Yahoo.