MikeB35

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MikeB35 last won the day on March 1

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About MikeB35

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  1. @Brotherskeeper This is some great information above! Thank you for your assistance in research, it is most appreciated!
  2. I would like to throw this is his face too Before commencing a proceeding to stay court proceedings and compel arbitration or to enjoin arbitration, petitioner’s counsel should confirm that there is a basis for the court’s subject matter jurisdiction and the exercise of personal jurisdiction over the respondent. Under the OAA, any Ohio court of common pleas has jurisdiction to hear an application to compel arbitration under a written agreement (R.C. 2711.03(A)).Proper bases of personal jurisdiction include:General jurisdiction, which creates jurisdiction over the parties themselves (see Prouse, Dash & Crouch, L.L.P. v. DiMarco, 876 N.E.2d 1226, 1228 (Ohio 2007)).Specific jurisdiction, which is based on a party’s actions, such as contracting to sell goods in the state (R.C. 2307.382).A valid choice of law provision in a contract is insufficient to create personal jurisdiction, but it is a factor the court considers (see Hercules Tire & Rubber Co. v. Murphy, 726 N.E.2d 1080, 1083 (Ohio App. 3rd Dist. 1999))
  3. When deciding an application to compel or enjoin arbitration, the court cannot rule on the merits of the claims underlying the arbitration (see Academy of Medicine, 842 N.E.2d at 492). The court instead plays a gatekeeping role that is limited to determining issues of substantive arbitrability, such as whether: The agreement is enforceable (see Valid Arbitration Agreement). The agreement covers the parties’ dispute (see Scope of Arbitration Agreement).
  4. Its is part of their packet submitted to the courts, yes.
  5. Yes ma'am, My court does allow it. You and I created the last reply brief together. ( you're pretty awesome btw!)
  6. Im skimming over it again and I have questions. 1.) Subject matter jurisdiction - I think he took way out of context. I agree there was not any case law cited to follow through with this 2.) Is objecting to their request for 60 days something to think about? 3.) The fact that hes saying I have to initiate arbitration prior to my case being stayed has me perplexed. Not only that but it appears as tho he has already placed me in AAA rules. I havent even picked one yet... lol 4.) They are demanding that I pay my portion to show "the court proof of his payment of the applicable filing fee." , however my arb agreement clearly states " In any arbitration, we will pay the entire amount of the arbitration fees, including any required deposits..." These are just a few questions that popped in my head right now.. Does anyone else see all of these things and more? Or am I just over thinking everything right now?
  7. Im thinking a reply brief is in order for sure!
  8. This is a great case file to keep on hand for this. I appreciate the link my friend!
  9. Ive only skimmed through it a little bit as of right now. It has not been a good day for me, so before I go off the deep end Ill keep it to the side for today. The points I did read seemed to do alot of pointing their fingers at me. From my understanding everything I have submitted was good to go. At this time I dont know my coarse of action and where to go just yet.
  10. Yes, I was going to get there too, but you beat me to it lol @Goody_Ouchless
  11. There is so much I feel is backwards with the response they gave. I agree I "didn't know about arbitration until I received the agreement from the plaintiff". That also puts me into a position where I cant move ahead on my own to file with arbitration. I need to have the courts grant my MTC before I can move forward. I can use arbitration as my defense for the time being, but that's it, am I correct with that assumption? In light of me filing my MTC they are scrambling to keep it in court, that's the gist of what I got out of it. Many pages later anyway..
  12. Ok im back after waiting to hear back from the Plaintiff. They sent me a packet with a bunch of pages. I will post all of it here. @fisthardcheese@Brotherskeeper
  13. Yea man, your going to want to file your answer to create your foundation moving forward for your MTC etc. Get all your drafts put together and post them here for proofreading. It looks like you have taken my template, and thats awesome I could help. Just make sure your court rules are ok with layout etc etc. This worked for my court, and I dont know how yours will take it. We all have had run ins and would be happy to help any way we can.
  14. Shortly after my above linked thread, my wife also fought Midland. She was successful by following in my footsteps. As you go through my thread, read all of it, as I did make mistakes in the beginning. I later was guided along the right path. I wish you luck , and if there is anything you need just tag me or PM me.
  15. @Steven NotAny updates, or more info?