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Everything posted by Boostagusta

  1. Was summary judgment granted b/c I did not deny owing the balance? In my answer, I stated I did not have sufficient information to confirm or deny. Minn. Civ. Pro. 8.02 states "If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial." So I was operating under the thought that I give no information and they have to prove everything. Was this what went wrong??
  2. The JDB was granted summary judgment today. I really think my objections on the record were enough to have this motion denied. Is it wiser to appeal or make a motion to vacate? Because I sure as heck don't want to lie down and take it.
  3. If you don't want to admit the address: OBJECTION, seeks information or documents that are irrelevant and not reasonably calculated to the discovery of admissible evidence.
  4. @rvs494 Can you clarify where you are at in this action? You got served about a year ago- did you serve an answer? (I'm assuming yes or they would have filed default judgment).. And they have not filed the Complaint w/the court yet?
  5. I think I got railroaded at MSJ hearing today. Pretty disappointed... have not got the ruling yet- Judge 'took it under advisement' and will mail it out. I'm guessing it is gonna be bad news. Judge gave me 2 minutes to add oral agruments to my memorandum. I objected to the JDB's evidence, Plaintiff interupted that I did not deny owing the balance (in my answer I stated I lacked information to either confirm or deny- which is a denial in MN) and Judge says "Boostagusta is not denying owing the debt, he just has questions on the assignment". I say no, presently I am denying Plaintiff has an
  6. Yes, the only affidavit offered. And I stated this objection in my opposition memorandum.
  7. I have my hearing to oppose JDB's MSJ this Thursday and need help ensuring I use the proper objections to JDB's affidavit and evidence. I am already very prepared and have objections and case law locked & loaded, but I know the collective might of the CIC posters will make my case better. Please see below! Jeff Hasenmiller, being duly sworn on oath, states and desposes as follows: Affiant is an authorized agent of the Plaintiff above-named, and is familiar with Plaintiff's Assignor's business records, and has full access to the computer-generated business records of Plaintiff's Assi
  8. I did get the Reply Memorandum and a new Exhibit. The new Exhibit is the merger documentation between Hilco & EAF. However, JDB also filed an Affidavit of Plaintiff with the court, but did not serve me with it. I called the clerk today and they confirmed it is a new affidavit. Not sure what to do aboot that. I am drafting another letter to the attorney saying I did not get the affidavit they filed. It would be super cool if someone maybe replied to my thread- even if it was just to give me a shout of encouragement.
  9. I looked at the online court records today and see that JDB filed a Affidavit of Plaintiff and brief today. I cannot view these online and will have to wait until they arrive in the mail- which should be Monday at the latest. I am assuming right now that this brief and affidavit are Plaintiff's Reply Memorandum to my Memorandum in Opposition to Summary Judgment. A few questions/issues I have: this 'Reply Memorandum' is untimely- it needed to be filed by July 1st. I am worried that it will include alot more bs 'evidence' and the affidavit will be Jeff Hasenmiller swearing all the evidence
  10. So I went ahead & mailed this letter last Friday. I have the MSJ hearing on the 11th; JDB has yet to get me their required Reply to my Opposition. I really do not want to lose the MSJ and, assuming I do not, my intent is to file a MTC the Credit Card Purchase Agmt or a MIL against their exhibits. Wondering if anyone had some insight/feedback for where I'm at.
  11. Here is the letter I am going to mail to JDB's attorney. I am assume I do not need an affidavit of service and can just send it CMRRR. Also, I do not see anything in the court rules about '10 days' for them to answer- I just copied that deadline from other posts. Can I get some feedback please!!!! On May 6, 2013, I served upon you, on behalf of your client, Equable Ascent Financial LLC, requests for Production of Documents, specifically documents establishing the chain of custody of the alleged account. Plaintiff objected to these requests as “irrelevant and not reasonably calculated
  12. Yes- opposition has been filed. And I received a scheduling order from the court- trial date is next March.
  13. A little update and request for more help: JDB filed an MSJ and I filed my opposition. Hearing is scheduled for July 11. Yesterday I received JDB's response to my 2nd RPD and RFA. They pretty much objected to everything as 'not likely to lead to admissible evidence', 'protected info' or 'vague and undefined terms like "personal knowledge"'. Is my next move to send the Meet & Confer request saying I will file a motion to compel if they do not produce? How is this impacted by the upcoming MSJ hearing and/or what issues might I run into?
  14. I sent off my responses to RFA and ROGS, as well as the RFA for them. Should I send ROGS to undermine affiant? I am also planning on filing a motion to amend answer to include counterclaim. I would like some feedback and suggestions on what comes next and/or what is recommended. This site & all my research has me feeling confident; my lack of experience is my greatest weakness now.
  15. Unlike helpme's case vs EAF, they listed Plaintiff as Equable Ascent Financial LLC ASSIGNEE of Chase Bank USA, N.A. (WAMU) and in the affidavit attached to the MSJ their affiant (Jeff Hasenmiller) states he is an authorized agent of Plaintiff & is familiar with Plaintiff's Assignor's business records, maintains books and records of regularly conducted business activities, and that affiant is a custodian of those books and records. Am I reading that right- Jeff Hasenmiller is claiming to be custodian of Chase's books & records??
  16. JDB has now filed a Motion for Summary Judgment. Thankfully, helpme's thread seems like it will be very useful. If anyone has any info on MN specifics and/or other well done threads, please let me know. An immediate question I now have: I was planning on mailing my responses to discovery as well as requests for admissions today- SHOULD I PROCEED AS PLANNED OR DOES THIS MSJ CHANGE THIS?
  17. I have my response to JDB's RFAs drafted above. Please review and provide feedback. Thanks.
  18. Ah yes. Clears it up for me very nicely. Thank you.
  19. I would really like some further input on this specific aspect. It does not seem logical to me that an Exhibit A from a discovery response should be assumed to also be the Exhibit A from an earlier discovery request. This type of assumption does not seem inline with the process of court rules/civil procedures. I would really like to respond to the Admissions with a 'nanny-nanny boo-boo, you messed-up your request' and make the JDB dump more man hours into correcting their mistake. But I may be looking at this from a very one-sided perspective. Let me hear some other thoughts!
  20. Thanks texasrocker! MN sol is 6 yrs, but I will add the others. I'm wondering if there is a 'best' sequence to send all this back. i.e. should I send my admissions first or respond to theirs first? Or is it irrelevant? And should I send them rogs &, if so, to what specific end?
  21. Please critique the admissions I have compiled so far: Admit that the Plaintiff does not have the alleged credit application from account number XXXXXXXXXXXX bearing the defendant’s signature. Admit that the Plaintiff does not have a complete history of the account from day one, establishing the legitimacy of the balance sought. Admit that the Plaintiff does not have any documents evidencing the exact date of the alleged default. Admit that the Plaintiff does not have a description of every charge included in the alleged balance. Admit that the Plaintiff’s alleged purchase of the subject acc
  22. The Bill of Sale: CHASE BILL OF SALE Chase Bank USA, N.A. ("Seller"), for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated November 20, 2009 between Seller and Hilco Receivables, LLC ("Purchaser"), its successors and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the File Creation Date January 6, 2011 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes. The name(s) o