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Robby8900 last won the day on July 7

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About Robby8900

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  1. If it were me personally, i would send an offer to the OP via a Joint Stipulated Dismissal w/prejudice where the OP agrees to Dismiss its case for your agreement to cease pursuit of Arbitration.
  2. I wont know exactly what the judge said until my friend get the paperwork in the mail.
  3. He used the capital One bank v. Rotman case, the judge told the attorney that the plaintiff, needed to initiate arb gave deadline of Nov 20th.
  4. UPDATE: My friend won his case today. The judge granted his motion to compel and stay pending arbitration. The judge gave the plaintiff,till nov 20th to initiate arbitration. Remember, this is a case, where my friend failed to answer the complaint.
  5. He filed a response to the motion for summary judgment arguing that the court lacks smj due to the arb clause, and that all of the plaintiff's claims arise out of or are related to the purchase finance or breach of the contract referable to arbitration.
  6. Wow! Just found a bunch of Ohio cases. Thank you.
  7. Now the plaintiff, has filed for summary judgment.
  8. Found this case Check paragraph 14-16
  9. I can not find any case law regarding the incorporation by reference, is there another member here who may be able to research such case law for Ohio better than what i can. It would be appreciated.
  10. I agree, but he did bring up the arbitration mentioned in the affidavit, without stating that the defendant failed to answer the complaint or assert arbitration as an ''affirmative Defense''. As you see, he made the arbitration most of the response, without denying or objecting to it. He attempting to separate that arb clause to avoid the issue of arbitration.
  11. And it show the assignment of the Retail Installment Contract to Exeter Finace Corp,
  12. Correct on Retail Installment Agreement was to finance the vehicle. i have not seen the notice but i assume it did.