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Defendant’s Answer or Motion to Dismiss

After the defendant is served the Complaint, it will either file an Answer, responding to each paragraph of the complaint, or a motion to dismiss. The motion to dismiss is a motion asking the court to rule in the employers favor because of a defect in the pleading that resulted in a failure to state any violation of law. If the judge rules in favor of the defendant, he or she will usually give the plaintiff an opportunity to amend the complaint.

Soon after a lawsuit in federal court, the judge will automatically set a scheduling conference for which the parties appear through their attorneys and the judge sets dates for all of the steps that follow. There will be a date for the completion of discovery, a date for summary judgment (dispositive) motions, and sometimes a trial date is set at that time.

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