Stomp

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About Stomp

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    AZ
  1. We did sign it and send back to the lawyer, I will still be ready just in case they are trying to pull a fast one we will still go to all court appearances. I really appreciate everyone here for all the help and taking the time in reading, answering and giving advice it is without a doubt the only reason I kept going with the case. I will pay it forward. I know anything can still happen with this case but I think I am ready if they try and pull a fast one. Thank you everyone.
  2. I received a letter today from the Plaintiffs lawyer they want to dismiss the case with prejudice with a stipulation that each bear there own costs. My question is do i have to sign the forms or can I continue with the trial I really think I can beat them with all the stuff i have been putting together. Do I have a choice or can they just dismiss the case? They did not submitt the forms to the court yet because they are not stamped by the court. Can this be a trick or something the day before they tryed to settle for 40% off. Here is the letter:Plaintiff Dismissal Form_Redacted.pdf
  3. Ok I went back through the Reply and I hope I did not miss anything needing fixed. I am going to file this today.Reply to Plaintiffs Motion to Strike final 1_Redacted.pdf
  4. @Harry Seaward, @BV80 do you know how long I have to reply to there Motion to Strike is it 10 days or 5? Here is what I have so far it is long and it may have some arguing in it. If you have some time maybe you can take a look at it and give me some advice on wording I want to say so much but find some of it may not be warranted in a reply, I am just replying to what they argued towards me.Reply to Plaintiffs Motion to Strike final 1_Redacted.pdf I really do appreciate all the help you have given me, Thank you
  5. I filed the reconsider motion with the Rule 121 violation in it because when they granted the witness motion I thought at that time I needed to have away to show they violated the Rule and it didn't matter anymore because it was already granted. Not only did they complain about me being untimely but they also where untimely when they filed there motion on the 5th. In my original MIL I did not include it as Harry Seaward had advised but once they granted it I felt I had no choice but include it. They still have not given me the Discovery requested, at the new status conference I think they will try and get all the motions out of the way, and try and get it finished if possible. Since I motioned for a jury trial they may try and get it over with without going trial, when the plaintiff filed the MSJ they forgot to add the main affidavit so I don't see how they could grant it, all they have is some assignment of accounts for the wrong credit card they are trying to sue for, along with some transaction history with an account number not associated to any affidavit, they do have one bill of sale with the correct name of the bank for the card they are suing for with bin numbers on a schedule 1 and a credit card agreement. I do not know how they can associate the bin numbers to the transaction history. You can't read the date at the bottom of the bill of sale.
  6. I have been working on a Reply to the Motion To Strike but I have to much in it and I feel that I am arguing the case in the reply and I know this is not good. It is hard not getting mad when writing a reply and find myself listing every little detail that is wrong with their evidence. I am stepping away from the keyboard and going to drink a beer.
  7. I also mentioned Rule 128 (e) allowing 10 days to oppose.
  8. I never got to file the original motion because they granted there Motion to Appear Telephonically on the 7th and it was filed on the 5th, It stated I had 10 days to respond they granted it in 2 I was never allowed the 10 days. I going to file it on the 7th but I received the motion granting it, so I had to add the original in with the reconsider. I did add Rule Violation 121(a)(1-2) in it. Along with not receiving requested Discovery.
  9. I just checked the courts website and it now has a status conference listed in March and a new trial 5 days after.
  10. Something like this "DEFENDANTS REPLY TO PLAINTIFF'S MOTION TO STRIKE AND OPPOSITION TO DEFENDANTS' MOTION IN LIMINE"
  11. Do I state Reply to the plaintiffs motion to strike. I noticed they made sure state the court never ruled on the MSJ.
  12. I received his today should i anwser it with something they are stating because it was within 30 days of the trial that it is untimely, if that is the case so is their Motion for the witness it was received on the 5th. i did not receive discovery from them and was waiting and then i received a notice for trail in 28 days. I never seen a ruling on the MTC discovery. Plaintiff Motion To Strike Motion In Limine_Redacted.pdf
  13. I also was thinking about an issue that happened around the time frame of this card, I loan my van to my Mother and she was involved in a bad car wreck, insurance cards where given to the other party involved. He was arrested for DWI and there insurance denied the claim because he was not allowed to drive the truck they had, luckily we had great insurance and all the medical was covered. Some problem started around this time with weird stuff coming in the mail, one day I received a letter from progressive insurance asking me to call them about an accident, I thought it was about Van, I called them only to find out it was about a 1998 Chevy 4X4 that there client had been hit by at an AutoZone at 35th and Van Buren they the person who hit them was given an insurance card with my name and policy number on it, no police were involved because it happened in the parking lot and the guy smooth talked there client into just exchanging insurance cards. Well it turns out it was the guy who had hit my Mother 6 months earlier, I called my insurance company and asked them to look up and see if there were any claims against my policy and there were not but he would flag it to show for any in the future. Around the same time we received a package from Fingerhut that we never signed up for and sent it back disputing ever signing up for Fingerhut. Needless to say I went to the house they listed on the accident to find this guy and guess what he never lived there the people who did had lived there for over 15 years and did not know of this guy, I check the internet county assessor website and found out he was listed on the deed for the address he gave. I then checked for his name on the internet and found a Mug Shot of him and he had been arrested earlier that week for DWI, and warrants outstanding not sure what for but there he was. I can't remember if I filed a Police report because I saw he was already arrested, I think I did but it was just one of those over the phone reports not sure how I would find out. The address he gave on the accident report was only 2 miles from my house but they said he never , I know this sound crazy, but I would go outside and there would be someone digging through our garbage can and I would question them and they would say I am looking cans Id tell them to get out my garbage, I never really thought about the stuff I threw away until this guy was going around using my information then I started to shred everything, I used to just tare the junk mail or offers for credit cards in half and throw away. One day my wife received a cashiers check for 3500.00 it looked legit saying she won some money, at first I thought damn that's cool but then I decided to verify the cashiers check and called the bank it was written on, of it was in Ohio and it was a small town they said it was not legit and if I could please send pictures. I decided to also go to my Bank and let the know there were fake cashiers checks going around and if the bad guys had just blanketed this area I did not want anybody losing any money, the bank said it was written on legit paper and that if I had deposited it it would have taken any were from 5 to 7 days to find out it was a fake. The scam is when they send you the cashiers check it comes with a phone number to call the person calls and they state we over paid the prize and you really only won 2500.00 but go ahead and deposit it and send us the 1000.00 money order or wire it ect, the timeframe it takes for your bank to find out it is not legit you have already given them 1000.00 and your scammed. It has been over 6 -7 years since all the weird has happened I have learned to be very careful with what I throw out and not leave anything in the car without locking it up. Sorry for the ramble just remembered some of the stuff that happened back then.
  14. Filed the motion to reconsider this morning and talked to the clerk about having 10 days to oppose, she said it was strange that they signed it only two days after receiving it because they were behind and she would make sure that the Judge got this. They stated the 3rd on the motion but it was received to the court on the 5th that is what shows on the stamped court seal.