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Robby8900 last won the day on July 7 2019

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About Robby8900

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  1. Did you consent to the dismissal without prejudice. In Ohio, after you been served the complaint the plaintiff, can't voluntarily dismiss unless you stipulate to it. Personaly, i would go for the dismissal with prejudice.
  2. Here is a nice Arb clause under a Surge credit card account. There are other parts but the opening statement is good. ARBITRATION PROVISION: PLEASE READ CAREFULLY: ''This Arbitration Provision (the "Provision") waives any right to file claims in court, other than a small claims court, or to participate in a class action or other consolidated proceeding''. This is really nice in regards to states that prohibit assigness from filing claims in small claims court.
  3. 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.
  4. I wont know exactly what the judge said until my friend get the paperwork in the mail.
  5. 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.
  6. 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.
  7. 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.
  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.