Axe215!!!

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About Axe215!!!

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  1. Thanx bmc100; they never have tried to establish a breach of contract, but I am picking up what you are putting down. This is an easy fix; for the most part, I used my opposition motion to their MSJ to create this document. Like a fool, I cut out the section headings when I created the 'new' document.
  2. Much appreciated, Shell. In this case, Discovery is over...I made a point to ask at the Motion To Set Aside and Vacate Judgement hearing last week. I guess the gray area would be contained in their numerous responses in the interrogatories where they stated they would produce certain documents 'on receipt'. The thing is, they should have had the documents in the first place when they filed the suit. Also, I've amended the motion and brief, this also involves MCR 2.116 © (8), which states that "the opposing party has failed to state a claim upon which relief can be granted".
  3. And here is the brief: BRIEF IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY DISPOSITION PURSUANT TO MCR 2.116 © (10) Now comes Defendant Beefer Real, Pro Se, for his Motion for Summary Disposition pursuant to MCR 2.116 © (10) states unto this Honorable Court as follows: FACTS AND LAW This matter is based upon what Plaintiff is alleging as a stated account arising from a credit card agreement allegedly entered into by Defendant with Chase Bank USA and subsequently procured by Plaintiff at auction (see Plaintiff’s supplied Assignment, affidavits, and billing statements, attached heret
  4. Hi gang, this is my next item on the agenda as I continue to battle Midland. Last week was my opposition to Midland's 'Motion to Vacate Judgement and Set Aside' (Look for that post elsewhere on the forum; just the fact that I am now preparing a Motion for Summary Disposition is a clue as to how last Friday's events turned out). The trial date is set for a few weeks down the road; in the meantime I am going to hit them with a MSJ (it's actually a MSD in Michigan). This'll be a two-parter; first comes the motion, then comes the brief. I followed the exact form that Plaintiff followed when they f
  5. Latest update: the judge ruled in favor of their motion to set aside the verdict. He did order that they pay me $100 for my lost time from work along with time spent preparing for the motion, so I guess there was a little payback anyways. I am half tempted to contact them and say that I'll forget about the hundred bux if they drop the case and save themselves further embarrassment. In the meantime, I will spend this weekend getting a Motion for Summary Disposition ready to go so I can file first thing Monday morning. The main point of contention is that they have no Bill of Sale showing my nam
  6. Okay, here is the Opposition as it was submitted to the court. And yep bmc100, it is double-spaced and typed in 12 pt font in the Word document: MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION TO VACATE DEFAULT JUDGEMENT 1. Statement of Facts: 1. Plaintiff filed his action on xxxx xx, xxxx and Defendant was properly served. 2. The action filed by the Plaintiff was related to a credit card account that Plaintiff alleges belonged to the Defendant and was allegedly procured by Plaintiff from Chase Bank. 3. The original trial date was set for xxxxxxx xx, xxxx. At that proceeding, Plaintiff req
  7. True that k-krab; I had not thought of it in that way, but I did bring it up in a roundabout way in my opposition brief by mentioning that I think Midland is stalling because they do not have requested documents together yet (Hello? Bill of Sale?). Also, this is the same judge that denied their MSJ back in August. If given the chance I will reiterate it during the time the motion is being heard. Even if the judge grants their request to set aside the verdict, there will be a sound argument for requesting that Midland re-file the suit.
  8. The last few posts in the thread have given me some excellent case law to cite and have moved the Limbach case to the back of the line; I've pulled it out of the response. I am now citing from three different posts: the Farm Bureau case, the 1963 Michigan Supreme Court Case, and the cases cited in debtzapper's post. But the Limbach case was a great place to start; the other cases springboarded from it after it was posted. Y'all are a bunch of bloodhounds, I am just figuring out how to best navigate Google Scholar.
  9. It is an excellent example. One would think that it would be cited in later cases. But then again, in reading the document, the reason that more recent cases are hard to find is spelled out: " Very few cases have been presented to this Court for review of dismissals for failure of plaintiffs to respond to trial calls, and perhaps the infrequency of such appeals would justify our conclusion that such dismissals rarely occur. That they should rarely occur is obvious".
  10. OK gang, here is my opposition to their motion, I intend on filing it no later than Tuesday morning: MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION TO VACATE DEFAULT JUDGEMENT 1. Statement of Facts: Plaintiff filed his action on xxxxxxx and Defendant was properly served. The action filed by the Plaintiff was related to a credit card account that Plaintiff alleges belonged to the Defendant and was procured by Plaintiff from Chase Bank. The original trial date was set for xxxxxxx. At that proceeding, Plaintiff requested and received a new trial date of xxxxxxx in order to allow
  11. BV80, let me take this time to tell you "Thank you". Many were the nights when I sat at the computer drawing inspiration from your threads, along with several other posters. No, they are not citing (f). They are citing (1)(a): Mistake, inadvertence, surprise, or neglect. 'Inadvertence' is flat-out mentioned in their motion, they are saying that 'Plaintiff's attorney failed to properly calendar the adjourned trial date'. Which is simply amazing; since he is the one that requested the adjournment in the first place.
  12. Semper Fi, BTO429! My daughter is currently at Lejeune undergoing her Advanced Combat Training! Regarding your post, can you bust that down into plainer English, or point me in the direction of a couple of threads that refer to it? I am going to begin wordsmithing the document that skippy1960 attached in his reply.