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Robby8900 last won the day on March 9

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About Robby8900

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  1. Yep the first step of due process of Law is "Notice" in the past, present, and future.
  2. If it were me personally, i would respond in kind, and agree to mutual dismissal with prejudice. Seems they are looking for a way out of going into arbitration. If they will dismiss the lawsuit with prejudice you will dismiss the arb case with prejudice.
  3. could contact the attorney and jointly agree to settle with a mutual dismissal with prejudice.
  4. Sorry, let me clarify my statement. Correct me if i am misunderstanding. Fishman93 filed the MTC, the movant, if the attorney asked the one moving a MTC if he owed or was affiliated with the account, and fishman93 said no i am not the owner nor am i affiliated with the account, then he would have had no business moving the court on an account in which he was not affiliated. I believe the judge would have denied it at that point.
  5. If you would have answered "No" then the motion would have been denied, because you can not arbitrate a claim where you did not agree to arbitrate.
  6. You could notify them asserting you agree to the dismissal if they stipulate to it being w/prejudice.
  7. Sounds like a Joint Stipulation To Dismiss W/Out Prejudice with each party to bear their own cost. However, without seeing the doc don't hold me to that.
  8. I am not an attorney, if it were me i would file an objection to his motion asserting that the court already granted arb.
  9. Sounds like the attorney is trying to force court meditation as opposed to going to Arbitration.
  10. My suggestion if i am correct is that if you have a court order granting arbitration, then all discovery will happen under the rules of the arbitration forum and not the court. If the attorney can get you to engage in discovery then they may claim you waived your right to arbitration.