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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 motion. Should I lay-low and save up money in the mean time just in case? The whole situation is just weird. The JDB attorney came on fast early in the process, lots of paperwork, some communication. Now it just seems like we're waiting around to see who blinks first. Our next item on the docket is a pre-trial conference early in April. Seems like a long time to just sit around. Frankly, I'm not overly intimated by any of the evidence the JDB / attorney has submitted. They did provide a heavily redacted spreadsheet with my personal information on it which was their proof that my "account" was part of the Bill of Sale, but that spreadsheet is very generic. No letterhead, no signature of anyone on there, no affidavit. I could have made the same paper myself with Microsoft Word. I just don't know what the heck to do, and when I should do it. I can't lose focus of this case, but at the same time, if the JDB attorney was so sure about things how come they haven't tried to initiate anything either. Is it favorable for me to allow some time to pass? Is there any positive strategy with this other than the JDB / attorney getting involved in newer cases...? Thanks for the support guys. I need a little pick-me-up with this whole thing.
  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 my name and other personal info. The spreadsheet is generic though, no company letterhead, not dated, just has my personal info on there so basically anyone could have compiled it. In terms of credit application or agreement, the JDB answers they don't have these docs, and that the OC isn't obligated to keep them after a certain amount of years. Which is funny though, because in some of their responses they say I breached the account agreement, yet they don't have the agreement, so how can they know what I did or didn't do, or what the terms of the agreement are?
  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 "resend" the responses, I insisted that they be sent via certified US Mail so I could sign for the envelope and have a record of when I received responses. They agreed. So now I'm waiting to have something tangible to use as leverage, or at least to better help my case should I file a MSJ. I'm sure when I get their paperwork, the certificate of service will say January 6th, but I don't know if that will have any weight if they can never prove when/if they actually sent out the responses the first time. I'll just go by the date I actually receive the envelope via Certified US MAIL. That's where things stand.
  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 submitted to me by next Friday. If they want to drop the case, by all means they should. If they respond, I will probably still file a MSJ and provide my supporting documentation. I will use favorable case law, and the case law that suggests that RFA are "self-executing" after a certain amount of time. The only thing I have to figure out is what to do if the JDB files a motion with the court asking for an extension to respond to discovery. Which is why as you suggested, it might be a good idea to get a motion to deem request for admissions admited over to the court ASAP. Having never done this before, there just seems to be too many uncertainties with the process, too many work-arounds. My court wouldn't even let me file discovery paperwork to reflect on the docket, or even a notice to the court that I served discovery on a certain date. I'm still not thrilled about this, because the judge has no idea what actions I've taken, or when I took those actions, and the judge won't know that until I file a MSJ. So in the meantime, the JDB attorney can just file an extension request with the court, while the judge has no idea that's its been over 30 days with no response from the Plaintiff. Sorry for venting, I just want this to all work out well...
  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 for admissions are now technically admitted. Feel free to keep the advice coming while I review your responses, and the cases you have referenced.
  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? What would I do if they comply? Does the case just go on...? Do I lose my chance to bury them into the ground because I'm letting them get back into the fight? Also, if it reaches the level of me having to file a motion to compel discovery, and the court orders the JDB attorney to comply, what happens if they do comply? Are they back into the fight without consequences? I'm still just trying to understand the concept of going through all these hoops, when technically I could probably just file a MSJ and save everyone a lot of time.
  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. Typically within a few weeks. The JDB attorney simply states that by not answering, the request for admissions are deemed admitted, and therefore there is no issue of material fact for trial. There is some basic case law, and that's it. Additionally, they include as exhibits the discovery requests and an affidavit, and then they win. There isn't even a mention of requests for production of documents, or interrogatories since essentially those are moot and useless once the admissions are admitted. Most of these motions don't include any proof of a courtesy letter. There is no record on the court docket of a motion to compel or anything like that. It's straight in for the kill if you will. I've even come across a case where a pro se defendant missed the cut-off time to respond to discovery. Later on she retained counsel to oppose a motion, ended up answering discovery at that point, but still lost and the trial court level and appelate level since the responses were late and already "admitted". Maybe I have a misunderstanding of the process, but let's just say that sometime next week they send me all of their discovery responses. Does that change anything?
  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 State of Ohio. Regardless though, I think I will still go ahead and file one with the Court. Does anyone know what I should include with this motion as exhibits? I was just thinking my actual discovery questions, proof of certified mailing and perhaps the letter I am soon to send to the JDB attorney. Does anyone think I'd need an affidavit with this? Once that's submitted, I hope to GOD it gets granted. Though I am still worried about some trick the JDB can try to pull out of their hat to oppose the motion. The fact remains I followed the rules, and so far they haven't. If it does get granted though, it should set up nicely for a MSJ, or for a dismissal. I CAN ONLY HOPE!!! Any suggestions??
  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 request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. A party serving a request for admission shall serve the party with an electronic copy of the request for admission. The electronic copy shall be reasonably useable for word processing and provided on computer disk, by electronic mail, or by other means agreed to by the parties. A party who is unable to provide an electronic copy of a request for admission may seek leave of court to be relieved of this requirement. (1) Each matter of which an admission is requested shall be separately set forth. The party to whom the requests for admissions have been directed shall quote each request for admission immediately preceding the corresponding answer or objection. The matter is admitted unless, within a period designated in the request, not less than twenty-eight days after service of a printed copy of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party’s attorney. ****** ( Effect of admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Civ. R. 16 governing modification of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice the party in maintaining his action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission by the party for any other purpose nor may it be used against the party in any other proceeding.
  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 proceed. Should I just compose a word document and fax it to the JDB attorney? What should I say? I've seen some of the letters they write when people miss the deadline, and generally they say that the admissions have now been admitted, but they would still accept responses to ROGS and RPD. I need to strike fast, and I'd like to submit my letter tomorrow or Thursday at the latest. I need to be prepared if they try to fight me on this, or try to find some loophole or ask the court for an extension of time (after the fact that the requests are admitted) ANY ADVICE WOULD BE GREAT!!
  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. I want to illustrate to the judge that the JDB attorney gave me 28 days from the date of mailing, so that's the same procedure that I followed. Do you guys think that would be acceptable?
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