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Robby8900 last won the day on March 9

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About Robby8900

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  1. i believe you can file second MTD, the basis are different. There is a lady on his forum here in ohio that just did this. if you didn't opt out, the plaintiff, had no business fling a complaint in court.
  2. If it were me personally, i would file a MTD lack of jurisdiction on the subject matter based on this portion of the agreement: By accepting this Agreement, unless you opt out by following the instructions below, you agree that either you or we, at our sole discretion, can choose to have any dispute arising out of or relating to this Agreement or our relationship resolved by binding arbitration. If arbitration is chosen by any party, neither you nor we will have the right to litigate that dispute in court or to have a jury trial on that dispute
  3. Was it a Judge or Magistrate that denied the MTC?
  4. I understand the crazy nervous feeling that comes on at court i hate it. However, i did one ime, ask the judge if he had my motion before him, which he said yes, then i asked if he had the opportunity to read it he said yes. i then finished with your honor i am going to rely upon my written motion before the court and have nothing further. he said ok and turned to the plaintiff's attorney and gave him the floor. .
  5. Not necessarily. It also is how you present yourself and case before the court.
  6. If it had been me personally, i would have filed a Motion To Dismiss for Lack of Subject Matter Jurisdiction pursuant to section C, C1, and C6 of the card agreement, including a "Demand for Arbitration". Defendant, did not reject the arbitration provision, demand has been made therefore, waiving all rights to litigate in the court, forcing the plaintiff, to go initiate and pursue its' claim in the arbitration forum as agreed.
  7. The attorney know the court is gonna grant your motion to dismiss, however, the last sentence he states, if the court grants your dismissal that the plaintiff, request a stay of the case for 60 days. That's where you ruin his day, with Capital One v. rotman. He will still have to initiate the arbitration clause, its the plaintiffs burden.
  8. He is also twisting the dismissal into stay,this attorney is pissed. He knows what is coming a dismissal for lack of subject matter jurisdiction, which is different than a MTC. i love the rotman case.
  9. Got to see what the attorney wrote in his opposition. That's all you can reply too. 7 days from when you receive your copy
  10. my suggestion is file something right away. ill attach the dismissal from the case on the 8th regarding the same type MTD Dismissal - Redacted.pdf
  11. if your reserving your right to pursue discovery when they initiate arb, which they most likely wont, you don't need to get it notarized because your not gonna answer the question until sometime i arb if they even file an arb claim.