Civil Procedure assignments

ABOUT ASSIGNMENTS

Initial assignments+

Assignments are shown below. Additional assignments will be added as the semester proceeds. Assignments may be revised, so check each assignment prior to the day it is due.

Sometimes I will add post-assignment materials to an assignment, such as a new handout I use in class, or explanations for completed problems. I’ll post those in purple.

This page is updated regularly

Assignments will be added and revised as needed. If we do not finish a day’s assignment, we will usually pick up in the next class where we left off in the previous class. For each class, be sure to re-review any materials remaining from the previous class. Also be sure to read any new materials assigned for that day.

Read carefully and critically. 

Read the materials carefully and critically. The syllabus contains basic information to help you in doing your assignments, such as:

Abbreviations.

Here’s a guide to abbreviations used in the assignments below:

  • CB: the Glannon casebook (second edition).
  • RS: Glannon rules supplement (2016 edition).
  • FRCP: Federal Rules of Civil Procedure, found in RS.
  • U.S.C.: United States Code (federal Congressional statutes), found in RS.
  • U.S. Const’n: U.S. Constitution, found in RS.
  • Screencast: videos on Professor Nathenson’s YouTube site

Note about statutory supplement.

The casebook and supplement can be purchased from the bookstore in a bundle. The casebook is currently in stock; however, the supplement is not yet in the store likely due to publisher delay. Until the supplement is available, I will post links to any required rules, statutes, or Constitutional provisions below.

WEEK 1 – AUG. 15 & 17

MONDAY, AUG. 15: SMJ – Diversity jurisdiction

Required:

Optional but recommended:

WEDNESDAY, AUG. 17:  SMJ – Diversity jurisdiction

Required:

Optional but recommended:

WEEK 2 – AUG. 22 & 24

MONDAY, AUG. 22: SMJ – Federal question jurisdiction

WEDNESDAY, AUG. 24: SMJ – Removal jurisdiction

WEEK 3 – AUG. 29 & 31

MONDAY, AUG. 29: Personal jurisdiction: Territorial framework; modern approach

WEDNESDAY, AUG. 31: Personal jurisdiction—Refining the Shoe standard

WEEK 4 – SEPT. 5 & 7

MONDAY, SEPT. 5: No class

WEDNESDAY, SEPT. 7: Personal jurisdiction—Stream of commerce, status of traditional bases, “arises out of”

WEEK 5 – SEPT. 12 & 14

MONDAY, SEPT. 12: Personal jurisdiction—Federal and state long arms 

WEDNESDAY, SEPT. 14: Finish PJ

WEEK 6 – SEPT. 19 & 21

MONDAY, SEPT. 19: Notice

WEDNESDAY, SEPT. 21: Venue, transfer, forum non conveniens

WEEK 7 – SEPT. 26 & 28

MONDAY, SEPT. 26: Introduction to pleading

  • Did you test yourself on the Venue problem set? How did you do?
  • CB pp. 413-40
  • FRCP 7; FRCP 8(a), 8(d), 8(e); FRCP 10; FRCP 12(b)(6)

TUESDAY, SEPT. 27: Skills-in-context # 1 (PJ Big Picture Day)

  • As noted in class, this was session #1 in the optional Skills in Context series.
  • This is an optional session. I will review PJ.
  • The session will start at 4:30PM in room 202 and run until 5:50PM.
  • To prepare, review the PJ materials including the Personal Jurisdiction Coggle flowchart.
  • Also review the Basic Amazone fact pattern. Then look again at the Coggle. What branches of the Coggle are relevant to issues raised in the fact pattern? Which branches are not?

WEDNESDAY, SEPT. 28: Heightened & plausibility pleading

WEEK 8 – OCT. 3 & 5

MONDAY, OCT. 3: Defendant’s options (default, pre-answer motion, answer)

TUESDAY, OCT. 4: Skills-in-Context # 2 (essay organization)

WEDNESDAY, OCT. 5: Defendant’s options (answer)

WEEK 9 – OCT. 10 & 12

Classes were cancelled due to Professor Nathenson’s hospitalization.

WEEK 10 – OCT. 17 & 19

MONDAY, Oct. 17: Care & Candor in Pleading, Sanctions

  • I’m glad to be back! Until I’m able to be on campus, I’ll be teaching online. We’ll use technology to project me and assigned materials (rules, etc.) onto the screen. We’ll have an ASP serve as the facilitator. We’ll proceed in the following format:
    • First, a quiz.
    • Second, I’ll lecture on the assigned materials as well as the quiz as appropriate. I’ll also take time to briefly address the second “answer drafting exercise” from last week.
    • Third, we’ll leave time for Q&A.
  • Readings:
    • FRCP 11
    • CB 519-52

WEDNESDAY, OCT. 19: Amendments & Relation-Back

  • We will again use the format of Monday. Quiz, lecture, and Q&A.
  • Readings/activities:
    • FRCP 15
    • CB pp. 553-57, 574-97
    • Prepare answers to the four relation-back scenarios found here. What are the correct answers? Draw timelines for each and be prepared to discuss.
    • I disagree with what Glannon says in note 2.C on page 591. Why? Hint: pay close attention to the timing of events. Is the casebook’s statement of law consistent with the language of FRCP 15(c)(1)(C)?

Note on office hours (last updated Sun. 10/23)

I will be resuming office hours the week of Oct. 24. They will be online. For the week of Oct. 24, they will be Tue., Thur., and Fri. 3-5PM.

See Mariela or Diana (faculty secretaries), or Suzanne (faculty receptionist). They’ll set you up with a time slot. Be sure to give them your name and your Google/Gmail name so I can videocall you.

Note that:

  • Please do not sign up for more than one slot at a time.
    • However, groups of two or more can sign up for up to two (2) adjacent slots.
    • You may sign up for a second slot after you have your meeting.
  • If you want me to review an essay, email it to me and we’ll review it during our meeting.
  • Time slots are approximate. I will attempt to video-call you within the general time frame. If you are unavailable I will move on to the next person. If feasible, I’ll try you again afterwards.
  • Please understand that the times below are not 100% certain because I also have to work around the schedules of home healthcare workers (PT, OT, etc.) who come to my house multiple times a week to aid in my healthcare and rehabilitation.

WEEK 11 – OCT. 24 & 26

MONDAY, OCT. 24: Joinder I

  • FRCP 13, 18, 20, 21, 42
  • CB 601-26

WEDNESDAY, OCT. 26: Joinder II

WEEK 12 – OCT.  31 & NOV. 2

NOTE RE OFFICE HOURS

  • I had a bunch of people come for office hours this week, and it worked very well. Thank you.
  • Here’s a couple things to keep in mind for online office hours:
    • To get an appointment please see Mariela, Diana, or Suzie (faculty area).
    • Please supply them with a Google/Gmail account name. I use that to contact you through Google Hangouts. An STU.EDU or other email will not work.
    • If you want me to look at an essay please email it to me prior to your appointment time.
    • When it is near time for your appointment, please 1) make sure you’re logged into Google/Gmail; and 2) set your browser to http://hangouts.google.com.

MONDAY, OCT. 31: Supplemental jurisdiction

WEDNESDAY, NOV. 2: Voluntary dismissal; summary judgment

WEEK 13 – NOV. 7 & 9

MONDAY, NOV. 7: Trial and post-trial motions (JMOL, New Trial)

  • I’ll take any additional volunteers who want to try to solve problem 15 from the supplemental jurisdiction problem set. After class, I’ll post the explanations for the entire problem set.
  • We’ll then finish up our discussion of summary judgment before moving into the new materials below.
  • FRCP 50, 59, 60, 61
  • CB 1069-98
  • Handouts:
  • Problem set: Prepare answers to questions 1-6 of the JMOL/MNT problem set. I will discuss the remaining problems in the set via lecture.

WEDNESDAY, NOV. 9: Trial and post-trial continued

Make-up assignments

How we will make up the two missed classes

As you know, we missed two Civ Pro classes (Oct. 10 & 12) due to my hospitalization and injury. We will make them up through a combination of readings, study questions, and in-class work. We will not assign extra class sessions. Instead, you will work through the assigned materials and submit a certification form to the registrar.

You will:

  • Read cases, rules, and casebook materials regarding discovery.
  • Work through study questions to help you work through the Rules.
  • Watch a series of videos (to be posted).
  • Fill out forms certifying that you have completed the assigned make-up work. See below.
Regarding the certification
  • Take your certification requirement extremely seriously. Treat it as the first litmus test of your duty of candor as an aspiring attorney. Cf. FRCP 11(b).
  • There are two forms, one for each make-up class.
  • Unlike FRCP 11(a), unsigned forms may be stricken without notice and you will not receive credit for attendance for the two missed classes. Failure to submit forms, or failure to check all spaces and sign the forms, may be treated as two absences.
  • Submitting a certification form when you have not completed the assigned work is a violation of the St. Thomas Law Honor Code and, among other things, may subject you to disciplinary action and failure in this course.
  • The forms can be found at http://www.nathenson.org/docs/civpro/makeups.pdf and must be submitted to the registrar’s office no later than Mon., Nov. 21 at 4PM EST.
Assigned make-up materials

You should work on this over the period of a week or more.

Part I of assignment:

Part II of assignment:

WEEK 14 – NOV. 14 & 16

MONDAY, NOV. 14: Discovery certification and sanctions; discussion of discovery

  • For today’s assignment, you must have previously done the discovery “make-up” assignments noted in the notification box above as well as the additional readings below:
  • You’ll also have to turn in the certification that you did the discovery work for the two make-up classes (form and due date to be posted). (Do not write me asking about the form; I will post it online but not until this weekend after I have posted all videos.)

MONDAY, NOV. 16: review

  • In-class review session.

WEEK 15 – NOV. 21 & 23

MONDAY, NOV. 21: Last day of class; review

  • In-class review session
  • Reminder: to get attendance credit for the make-up classes, you must submit the two certification forms to the registrar no later than Mon., Nov. 21, at 4PM EST.
    • Take your certification requirement extremely seriously. Treat it as the first litmus test of your duty of candor as an aspiring attorney. Cf. FRCP 11(b).
    • There are two forms, one for each make-up class.
    • Unlike FRCP 11(a), unsigned forms may be stricken without notice and you will not receive credit for attendance for the two missed classes. Failure to submit forms, or failure to check all spaces and sign the forms, may be treated as two absences.
    • Submitting a certification form when you have not completed the assigned work is a violation of the St. Thomas Law Honor Code and, among other things, may subject you to disciplinary action and failure in this course.
    • The forms can be found at http://www.nathenson.org/docs/civpro/makeups.pdf.

Last revised Nov. 16, 2016 (re certification form)