MizzMaryMack

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About MizzMaryMack

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  1. Sorry! Forgot to mention their client is JDB Calvary SPV, and the amount is less than 2k. Thank you!
  2. Hi everyone! I'm wondering if anyone has a copy of Citi's Diamond Preferred 2011 agreement with JAMS? I was only able to find the attached but it doesn't mention Diamond, so I'm not sure if it would be useful. Also, does anyone have experience with Cawley & Bergman and know whether they will follow into arbitration? They just started contacting me recently and I'd like to request arbitration before they decide to try anything in court. Thank you! creditcardagreement_5400.pdf
  3. Guess who's case ended up in a voluntary dismissal without prejudice?! I don't have much time right now to get into details...but here is a summary of what happened from start to finish, along with a few of the tricks opposing counsel tried to pull...just so anyone else starting out is aware: - Plaintiff filed suit, received summons - I filed Motion to Compel private contractual arbitration per credit card agreement - Went to pretrial...plaintiff tricked me into agreeing to trial, saying my MTC "didn't count" since I hadn't set a hearing (not true...for those of you who might face this)
  4. Hi everyone, The reason for my confusion is their motion for telephone witness was put in a couple of days AFTER the MTC hearing. The judge granted my MTC with JAMS and stayed proceedings...and had the opposing counsel write up the order, which I reviewed, and clearly stated that the motion is granted, proceedings are stayed pending arbitration, and defendant has elected JAMS as the arbitration administrator. I was advised at the "other board" to just leave things alone since they wasted their time submitting their motion knowing arb had been granted. What do you guys think?
  5. Ok, so I decided not to do anything further until the actual scan of the motion for telephonic hearing actually loaded on the site, and I see that it's a motion for them to be able to have their witness over the phone at trial which has been set for later this year, before the hearing on my mtc arb took place. First, why are they submitting this motion some days AFTER the mtc arb was granted and proceedings stayed, and second, of course, IF we were to have a trial, I would want their witnesses in person...should I oppose the motion with the defense that proceedings are stayed pending arb?
  6. According to the contract: "The party seeking arbitration must select an arbitration administrator..." Also: "If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding." The judge had asked opposing counsel who initiates and elects and opposing counsel quickly replied "we do", but I pointed out to the judge that actually, I am the one to elect, and had already elected JAMS
  7. The good news is...my MTC Arb was granted with JAMS as the admin, and proceedings stayed. The bad news is, during the hearing, the judge asked if I was sure about JAMS since it is so costly, and I pointed her out to the part of the cc contract that states: "If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced." The judge
  8. I'm the poster from the other thread CCRP626 was referring to that was having trouble having a hearing set on MTC. I kept checking the dockets online daily, until finally, this morning, I saw that a special set hearing has been scheduled for later this month, and trial scheduled as well for later this year. I'm thinking the trial has been set since the presiding judge at my pretrial had put an order to set trial...I'm just relieved to have a hearing set on my MTC first. I'm not sure if this influenced anything, but my last attempt to get a hearing set, I had submitted a motion to set hear
  9. Just wanted to give you guys a brief update... Yesterday I filed my amended documents and called chambers as soon as I stepped away from the clerk's window to try to set a hearing. I explained everything that has happened to the JA and I was told to call back this morning since the amended stuff I had just filed was not showing up in the system yet. I tried calling again this morning and the JA did not answer so I left a message. The JA called back and left me a message saying they received my amended documents and saw my motion to set hearing. The JA also said that since the presi
  10. I had looked into the Florida Arbitration Act but I was hesitant to use it because I didn't want to accidentally give the plaintiff more defenses...for example, it says something like "On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement:" ...I don't want them to say they didn't refuse to arbitrate or something. I have no dates for anything...the clerk at the pretrial conference that was to give me my notice for trial told me "her judge" (MY judge) wasn't there, and the calendar is backed up until November, so th
  11. It was weird because the opposing counsel seemed to not be aware that I had filed the motion (it seemed sincere, not like bluffing)...the judge for sure wasn't aware because it wasn't even my assigned judge that was present...it was some other judge covering. It was all like I came in and said "SUPRISE! I FILED A MTC ARB! YAY!"...and opposing counsel immediately jumped to the first defense they could think of. My filing WAS on the dockets though.
  12. I kept the FAA stuff as section 4 since the part of the arbitration agreement that says it's governed by the FAA kind of leads into it. I brought the FL stuff up to sections 5 and 6 so it's... governed by FAA ----> FAA excerpt ------> when must a FL court compel arb ------> what does not waive arb option -------> arb must be followed according to terms in agreement ------> I want arb Make sense?
  13. Thanks CCRP626, I'll rearrange the MTC accordingly. I just went on the judge's site, and it looks like the only way to set hearings is by calling chambers. I checked out an "eSchedule" link and it says it's only for residential foreclosures, and all other hearings must contact the division judge's office.
  14. Hi CCRP626, I've attached them in pdf format now...which I probably should've done when I first posted anyway I'm going to try to get in touch with judge's chambers tomorrow and see if I can finally get someone to schedule a hearing...so I might not submit the motion to set hearing. This way, when I go to submit the stuff on Wednesday morning (couldn't get off work tomorrow and still need to notarize my amended MTC and affidavit anyway), I will HOPEFULLY (crossing all limbs/extremities) be able to submit a completed notice of hearing. I don't think I need to request a leave of court
  15. Okay...so I've attached what I have so far to submit for my amendments, I know it's a lot, but would anyone mind a critique? I also have the following questions: - Is adding "Defendant's First Amended MTC etc" correct for the title? If so, do I need to use this same title on all the papers, as I've done? - Do I need to say why I am amending? If so, where? - Do I need to include a copy of my original MTC as an additional exhibit? - According to the Florida Rules Civil Procedure, "The pleadings shall contain no unnecessary recitals of deeds, documents, contracts, or other instruments