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Single plaintiff sues 4 defendants in federal court for federal rights, federal statutes and related state claims.
Defendant 1 is federal and state claims. Defendant 2 is federal and state claims. Defendant 3 is related but only state claims. Defendant 4 is related but only state claims.

Judge orders; Defendant 1, federal claims can proceed state claims dismissed. Defendant 2, federal and state claims dismissed. Defendant 3, state claims dismissed with prejudice. Defendant 4, state claims dismissed.

Question; Would a plaintiff have to wait until the final judgment on defendant 1 takes place, which could conceivably take years, before pursuing an appeal on order dismissing the other defendants?

Question; What if anything must or should a plaintiff in such a scenario do to preserve their right to appeal a judge's order dismissing claims against defendants 2, 3 and 4? Timely file an objection, or ...?

Question; How would the dismissal of defendants 2, 3 and 4 affect plaintiff's discovery on those defendants?

Question; What if discovery on defendants 2, 3 and 4 was necessary for prosecution of defendant 1?

Question; What if discovery on defendants 2, 3 and 4 was necessary to support an appeal on those defendants?

Question; Would parties dismissed by court order still to be served copies of all discovery sent to the party or parties still active in lawsuit?

Question; If the federal claims go to final judgment in plaintiff's favor and plaintiff appeals judge's decision to dismiss the state claims; what would happen with supplemental jurisdiction over those state claims?

  • One question per post please – Dale M Jul 26 '17 at 20:14
  • OK I will make another effort. Thanks for letting me know. – j. howdee Jul 31 '17 at 21:17
  • Since you got a very good answer to the original questions, you shouldn't make such a drastic edit that makes the original answer obsolete. I rolled back to the original question; just note for the future that this was originally closed as "too broad" for Stack Exchange, and only reopened because it has a good accepted answer. – feetwet Aug 1 '17 at 1:46
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Question; Would a plaintiff have to wait until the final judgment on defendant 1 takes place, which could conceivably take years, before pursuing an appeal on order dismissing the other defendants?

Generally yes, but the trial court can certified the judgments for appeal as a separate matter if it wishes.

Question; What if anything must or should a plaintiff in such a scenario do to preserve their right to appeal a judge's order dismissing claims against defendants 2, 3 and 4? Timely file an objection, or ...?

The arguments made in opposition to the motion seeking to dismiss these claims are preserved for appeal.

Question; How would the dismissal of defendants 2, 3 and 4 affect plaintiff's discovery on those defendants?

Question; What if discovery on defendants 2, 3 and 4 was necessary for prosecution of defendant 1?

Discovery from dismissed plaintiffs would be limited to the subpoena power over third parties under F.R.C.P. 45.

Question; What if discovery on defendants 2, 3 and 4 was necessary to support an appeal on those defendants?

This is never the case. Any basis for dismissing these defendants prior to trial must be of a type that does not require discovery to appeal.

Question; Would parties dismissed by court order still to be served copies of all discovery sent to the party or parties still active in lawsuit?

No.

Question; If the federal claims go to final judgment in plaintiff's favor and plaintiff appeals judge's decision to dismiss the state claims; what would happen with supplemental jurisdiction over those state claims?

Enough . . . . I answered six other question, seven is too much.

  • Thanks howilleke, you are one talented cat. As I understood things though can not name a rule number, discovery can be made on anyone party to the suit or not. So, if a party has been dismissed what rule in what rule book etc, states how dismissed parties have to or do not have to submit to discovery? thanks – j. howdee Jul 28 '17 at 14:22
  • The individual discovery rules state who can be subject to particular kinds of discovery. Interrogatory and request to admit and request to produce rules allow only parties to be served. The deposition rule (FRCP 30) allows for depositions of non-parties although that is done by notice of deposition for parties and by subpoena for non-parties. A subpoena duces tecum per FRCP 45 can be direct at a non-party in lieu of a request to produce but can't be used to circumvent the request to produce rule for parties. – ohwilleke Jul 28 '17 at 17:07

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