united-states civil-law civil-procedure
Hypothetical Complex Litigation appeal and discovery
<p>Single plaintiff sues 4 defendants in federal court for federal rights, federal statutes and related state claims.<br>
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.</p>

<p>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.</p>

<p>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?</p>

<p>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 ...?</p>

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

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

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

<p>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?</p>

<p>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?</p>

<blockquote>
  <p>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?</p>
</blockquote>

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

<blockquote>
  <p>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 ...?</p>
</blockquote>

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

<blockquote>
  <p>Question; How would the dismissal of defendants 2, 3 and 4 affect
  plaintiff's discovery on those defendants?</p>
  
  <p>Question; What if discovery on defendants 2, 3 and 4 was necessary for
  prosecution of defendant 1?</p>
</blockquote>

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

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

<p>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.</p>

<blockquote>
  <p>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?</p>
</blockquote>

<p>No.</p>

<blockquote>
  <p>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?</p>
</blockquote>

<p>Enough . . . . I answered six other question, seven is too much.</p>
