Flowerm89

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About Flowerm89

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  1. Well midland never showed and the judge said he couldn't dismiss the case because they didn't show up but that I could strike any of the pleadings as a penalty he referenced rule 127 d. So I said ok cam we strike their whole pleading he said that was granted. He said he would give midland 30 days to start arbitration or dismissal and he then told me I should put in an application for judgement? Which is the part I'm confused about. Since all of their pleadings have been a stricken what is my next move to close this?
  2. For the legal support including statue or rule that applies section of my MTD what would I put there?
  3. It will be 6 months since the jams claims was filed and more than 5 months since jams has been asking for the fees would I ask for dismissal and if it's denied ask the judge to order them to pay the fees by a certain date and if they fail to do so dismiss the case? Could they ask them if they intend on paying the fees and if not that the case will be dismissed?
  4. Would I just verbally ask for dismissal tomorrow in the beggining when the judge ask if thereare any motions that need to be ruled on? Even though there is not one filed?
  5. Oh and I forgot to mention that although u brought it to the attention of the judge and their lawyer that they keep sending everything to the incorrect address they continue to do so..theit reply and motion to appear telephonically was all shipped to the wrong address. They have continued to do this...is there anything that I can say tomorrow that will sting or be in my favor?
  6. So I replied to Midlands motion and they replied to my response but in the end the judge denied their motion to remove the order of compelling arbitration! I have a pretrial again tomorrow...oh and I've gotten an email from Jams saying they are going to close the case soon for lack of payment by midland....what shouldy next move be?
  7. Hey sorry I have not responded but I needed a mental break...so when I got to the hearing Midlands attorney was there by phone. There was 2 judges one was in training by the main judge...so they start by asking if there are any motions that need to be ruled on...surprisingly midland said no...they order us to go talk in the little room about a possible settlement I tell the judge I would hear them out so that I act in good faith. We go and they offer to settle for $600 I say no they say what would I be willing to do I say maybe $300 they say $452...I was thinking off settling just because I was done trying to fight so I agreed...we go to the judge and he can tell I am not happy about it and tells me I don't have to do it if I don't want to...I let him know the only reason I am considering it..is because I am confused on what is going on...why am I there talking about settlement when my PTC was scheduled according to something...that I want to know why my motion to dismiss was denied when midland didn't show up...the judges start going through everything and start to question midlands lawyer...he says it was scheduling error on their part...and pretty much the judge starts to go over all my case and is confused he asked midland to explain what are they talking about in their newest motion they argue that the language in the contract the same thing we have talked even the judge caught but didn't say it to the mic but on the side to each other "it says WE will not require you...but not that she can't ask them" Midland also was arguing about the statute saying it's for compulsory arbitration and that it doesn't apply to my case because it's not in superior court...long story short nothing happened but confusing the judge...I did however point oit and show proof that they keep mailing the wrong address so I got an extension until this coming Friday to respond to their motion...the judge then said he was going to review the file and schedule another pretrial conference 45 days out.. So the only thing that really came out was that I got an extension and was able to show the judge that it's a hot mess how they have been acting
  8. No you got it right. Thank you so much for your help..I will continue working on my Opposition I will post it here first thing in the morning my PTC is not until noon tomorrow so if you can check in and let me know what you think...I don't have a computer at home so I have type it up early at work tomorrow...
  9. I just want to make sure I dont shoot myself in the foot, but how would I justify attending the Mediation Hearing on 1/19/16 and then filing the Motion to Dismiss the same day SINCE they did not show up?? That I think is what is throwing me off, and I have a feeling it will come up...any ideas? in regards to the stay in the proceedings...did I violate them first?
  10. am I correct in thinking I have until the 17th of March to file my Opposition to their Motion? (their form is dated mailed 3/2/16 althought it was mailed to the wrong address does that give me until the end of the business day on the 17th to have it filed? ) I think I am going to need more time to get this one filed so I want to make sure I dont miss the deadline on it...I feel prepared enough to address it verbally tomorrow but I am having a hard time getting it together right now....
  11. I think what I'm having trouble with is the format on how to arrange everything...I have all the information I'm just not arranging it correctly....I think I may be over thinking it and leaving out the important parts because I'm not sure where to place them
  12. So I am working on my Opposition to the Motion Midland filed just incase it comes up tomorrow during the PTC. I haven't typed it yet I have it handwritten but pretty much here's what I'm putting on it: Am I over doing the statement of the facts on here?? On November 2,2015 defendant filed a motion to compel private contractual arbitration pursuant to the GE money Bank dillards credit card agreement in this matter. On November 20, 2015 plaintiff filed it's opposition to the motion based on the same account agreement. after consideration of the filings, the court found it necessary to set the matter for oral Arguments to allow full exposition of the arguments from each side prior to entry of any decision on the motion. On December 11,2015 the court heard oral Arguments from both the defendant and the plaintiffs attorney. The court justifiable so granted the defendants motion. The court then scheduled for a Mediation conference for January 19, 2016, which resulted in the Plaintiffs failing to appear. The defendant then moved for case dismissal due to the plaintiffs failure to appear. The Plaintiff did not file a response pleading to the Motio for dismissal. The court ruled on February 9, 2016 denying the defendants Motion to dismiss and scheduled a pretrial conference to hear argument from the related parties to Defendants requested relief under JCRCP rule 130 (e). The plaintiff filed an untimely Motion to appear by telephone on 3/1/16. The plaintiff filed an inappropriate Motion to remove the case from arbitration or in the alternative appoint a court arbitrator. Despite the ruling of the court granting the Motion to compel arbitration in December of 2015, the plaintiff has just now in March of 2016, filed a motion to reverse the courts decision. Defendant request that the Court deny the plaintiffs inappropriate Motion in this matter for the reason that the account agreement clearly states that although the plaintiff may not require the defendant to arbitrate a claim, the defendant may elect to arbitrate any claim. Just as important the plaintiff had time to respond and present it's opposition to arbitration during oral Arguments on December 11, 2016 when the ruling was granted, the plaintiff also had time to file a timely appeal and also failed to do. Im typing this as I go so suggestions and edits are welcomed...I can't copy and paste so I am manually typing this in...
  13. So this may be a long shot but is there any way that since I filed the MTD the same day as the mediation had been scheduled and they didn't show....that the judge thought I was trying to file the MTD prior to the court having notice of the mediation outcome aka rule 130 e? And that is why it was denied and set for pretrial to discuss the outcome of rule 130 (e) "the notice given to the court " about Midland not showing?
  14. @Xerxes So did I mess up on my MTD? I attached a copy of it so you can see what I submitted after they were no shows at the mediation...I think I got ahead of myself and was so excited they didn't show up that I literally copied what the instructions had said on the mailed forms from the court under "Notice"#1 (I also attached where I copied the "Legal support including statue or rule that applies " ) I'm a little confused to what rule 130 (e) is?? In my motion it has 131-a and 127 (d) New Doc 5.pdf