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Everything posted by Debtinate

  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
  16. @BTO429 @Spikey I think there is a misunderstanding about this issue, and I apologize if I didn't convey the message the right way. There has never been an argument between me and the JDB attorney about how many days they have to respond to my discovery. The JDB attorney made a comment in an e-mail assuming they had until a certain date to respond to my discovery requests. This date is beyond the date that I inserted as the due date for my discovery requests. I followed the same format that the JDB attorney used when they sent me their discovery requests. Like them, I demanded responses up to
  17. @Spikey I think their lawyer is paying attention too, but is also playing games with me. Basically they told me we'll start the clock against you once we mail out our discovery packet, but they tried to tell me that the clock for them starts on the day they received the packet. So which is it?? LOL. This might be my best chance. I'm just nervous because I haven't found many cases of the defendant using this tactic against the JDB attorney. So there could be some simple way for the JDB attorney to weasel out of it, but I have no way to know for sure.
  18. @Spikey I've found several MSJ filed by this JDB attorney when the defendant doesn't respond to discovery. Of course, since the defendant didn't respond during discovery, most of them don't oppose, or don't know how to oppose the MSJ so they lose. Only thing is, I've never seen a defendant file a MSJ against the JDB attorney for not timely answering discovery. Can it be done? What opposition could they offer, or what case law could support their position? I have no idea, but I would be thoroughly pissed if the Judge let them get away with it.
  19. @Spikey I don't know, this scenario is no different than when the JDB propounds discovery on a Defendant, and then the Defendant doesn't answer. From my research, it doesn't look like the JDB attorney waits until the discovery cut-off time to file the MSJ. They submit one as soon as possible after the RFA are deemed admitted. It's almost the same concept as filing a motion for default judgment. The JDB swoops in rather quickly and takes care of business. See, the JDB attorney tipped me off that he's going to be on vacation all next week. The rules of Civil Procedure don't seem to have a sect
  20. I've located 2 MSJ filed by the JDB attorney that is assigned to my case. In both, the attorney appears to start the 28 day clock running from the day he mails out the discovery per the certificate of service page. The MSJ is filed rather quickly from the time responses aren't received, generally in about a week or so, so it does not appear that there is any need for motions to compel. I did see one where the attorney sent a courtesy letter to the defendant's attorney saying that the requests for admissions were already deemed admitted, but he wanted to see if they had responses to interrogato
  21. @BV80 Crap. Looks like that's something the attorney could fall back on, but at the same time it's something JDB attorney assumes a lay person won't find. Although some of these rules are head scratchers though. The rules for discovery specifically say 28 days. So that time should also include mailing. When I sent my responses to the JDB attorney, I did so without the need for a 3 day extension for mailing. I met the deadline that they set in their paperwork. I still think if they don't reply in time I should take a chance on filing a MSJ.
  22. The rules specify that responses should be received within 28 days of service. RFAs not received within that that period are deemed admitted. The only question is, where can I find the definition of service? They could argue it was the day they signed for the mail. I could argue it was the day I mailed the packet.
  23. Yup, I'm looking at the paperwork right now. The certificate of service in the discovery packet the JDB sent me shows a date of mailing on November 25th 2013 via US MAIL. I received the packet on NOV 27th. This is what it says on the instructions page: "......Plaintiff hereby propounds to ME the following combined INT, RFA, RPD pursuant to rules 33, 34, and 36 of Ohio Civil Procedure, and requests that you respond within 28 days of service of same. Documents requested to be produced are to be produced on or before DEC 23 at (JDB ATTORNEY ADDRESS) I wonder why it only says documents to be produ
  24. I'll double check my paperwork, but I'm 99% sure that the JDB Attorney gave me 26 days to respond to discovery by the time I received their packet in the mail. The JDB Attorney sent the package regular mail, with no tracking, so they had no way to verify if or when I got it, but they nonetheless set a deadline for me on DEC 23rd. If they in fact set those circumstances on me, hopefully I can try it on them.
  25. @BV80 I have something interesting developing. I'm trying to understand something about discovery. Under Ohio Rules of Civil Procedure, the party that receives request for admissions has 28 days to respond, otherwise the requests become admitted. Now does anyone know when the 28 days starts? Would it be from the mailing date listed in my certificate of service for the discovery docs, or is it from the date the other parties receives the docs? Reason I ask is because when the JDB attorney sent me their discovery packet, I remember I received it the day before thanksgiving, and the papers said m