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About Debtinate

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  1. I hate to beat a dead horse here, but my case is at an absolute stand still. I don't know how to proceed from here, and I feel like this case is losing priority with other things going on in my life (when it shouldn't be). The JDB attorney responded to my discovery late, and I'm still thinking of filing MSJ, but I can't help but to shake certain feelings. 1. What if I get denied? 2. What if I get denied and the JDB attorney tightens up and won't be as willing to discuss a favorable settlement? 3. What if I act too early considering the court has granted me until May to file a dispositive mot
  2. @Spikey Definitely. I am sure no matter what happens, they will try to spin it that they followed discovery rules and answered on time. At least though I have something in my back pocket. Worst case scenario, it should be enough to create a genuine issue of fact that would render both of our MSJ denied. Or at the very least, create grounds for an appeal should things get really bad at some point.
  3. @Spikey Crazy... the mail just come today and low and behold, the envelope with discovery responses. Postmark is January 15th, and I do have a shipping label too so I can print out the details. The JDB attorney can object and say they mailed them 2 weeks ago, but the fact is there is no proof of that. I'll post more later, but it appears it's a general denial. The RFA are answered, but if they are late and "self-executing" I still plan to attack the JDB with that fact. The RPD are basic, some unauthenticated statements, a general bill of sale, and then the redacted spreadsheet that shows m
  4. Hi everyone, just a quick update... I still have not received discovery responses through the mail. The JDB attorney did respond to my courtesy letter though yesterday through e-mail. The attorney said that the responses were submitted for mailing on January 6th via regular US MAIL, and he is surprised I did not receive anything yet. I replied that I haven't received anything, and asked the attorney if they had any tracking information for the envelope so I could check the progress. Since they shipped regular first class mail, they did not have any tracking information. They offered to "
  5. @Spikey I think you pretty much hit the nail on the head. Due to the JDB / Attorney mishap, my goal is to attack them with a MSJ. I'm trying to back them into a corner, so maybe they will dismiss the case, but I'm trying to do that without being reckless. Without being too motion happy & blowing my chance somehow. Right now they know where they stand. Once again, today there was nothing in the mail from the JDB attorney, so they continue to get further behind the due date of my discovery requests. I faxed my courtesy letter to them this afternoon, and asked for RPD and ROGS to be su
  6. WOW. Thank you all for the responses! I am going to read through everything a second time to make sure I understand everything. Of course just like with most aspects of a case, there seems to be case law that supports my stance, and case law that counters my stance. I'm still holding on to my letter until I know exactly how to word it, or if I should mention anything about the admissions or not. I can understand both sides of the argument, so it's hard for me to make a decision. I like the whole "self-executing" aspect, but I want to make sure the JDB attorney knows that I know the request f
  7. I'm not trying to stir the pot, I'm really not, and I definitely appreciate all the help. This is just a pivotal point of the case, I am just trying to understand the process. Let's just assume that right now the JDB attorney is in default of answering my discovery, and for argument's sake, the admissions are admitted. So from this point I send a courtesy letter to the JDB attorney asking for documents and ROGS. Let's say they comply and submit those to me within 5 days or something. How does that change my position? Are those ROGS and docs worth anything if the admissions are admitted? Wh
  8. I guess what I have a hard time understanding then, is why should I play by a different set of rules than the JDB attorneys usually follow? I appreciate the responses you all have given, and it will help me to formulate a new strategy, but I still remain confused a little bit about the "white glove" approach I'd be offering to the JDB attorney. Through my research of various Ohio court cases, when a defendant hasn't responded to the JDB attorney's discovery requests typically the same thing happens. 1) A motion for summary judgment is filed rather quickly from the time responses were due
  9. @Spikey Can you explain your reasoning so I have a better understanding? Isn't it in my best interest to show them that I know the rules and I am holding them to it? With all due respect, I think the motion to compel just drags this thing on and makes it appear that I genuinely care to wait around for their discovery responses.
  10. What is the motion exactly? Can you post the content so someone can help you out?
  11. @Spikey @Anon Amos Well, still no discovery responses from the JDB attorney as of yesterday's mail. So they are now OFFICIALLY LATE! The request for admissions are now deemed admitted. Here is my plan of attack. I have composed a courtesy letter to the JDB stating that by Civil Rules the request for admissions are now deemed admitted, and I also request for them to respond to the interrogatories and RPD within 7 days if they are still interested. In regards to filing a motion to deem request for admissions admitted, I couldn't find one way or another if this is always necessary in the
  12. Perfect. perfect... I'll probably fax a letter over to the JDB attorney office sometime tomorrow if I don't get anything in the mail by then. I really want to turn the tables on them. They do the same thing to so many people, it's time for them to eat it for once!
  13. There is more, but here is the juicy stuff: (A) Availability; procedures for use. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Civ.R. 26( set forth in the request, that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The reque
  14. Hey folks. Happy New Year to all! So, tomorrow marks 30 days since I mailed my discovery requests to the JDB attorney. I didn't get my mail yet for the day, but to date I have not received any responses. Assuming nothing comes today, and nothing comes tomorrow, I want to act fast to put my foot down and tell the JDB attorney that the requests for admissions have been deemed admitted by their failure to reply in a timely fashion per Ohio Discovery Rules. There has been no contact with me, or with the court formally asking for additional time to respond. Can anyone give me advice on how to
  15. As far as I can tell, I have to request leave from the court to file the MSJ since a trial date has been set. Once that's granted then I can file the MSJ. One thing I need to figure out is if the clerk will allow me to submit the request for leave and the MSJ at the same time. Doing one at a time seems like a strategy killer and a time a waste of time. I'll have to understand that procedure though. If I can hand the clerk both items for filing at the same time, that would be perfect. Also, I intend on using the JDB attorney's discovery packet that was sent to me as part of an exhibit in my MSJ