WishIWasALawyer

another update: "Plaintiff respectfully requests that this matter be dismissed with prejudice. Plaintiff no longer wishes to proceed." Does this really mean this is over????????

The only reason I’m asking about them filing is because I am thinking that if they don’t want to go to arbitration, they won’t do anything and it’s basically over. If I file the arbitration and they had no intention of doing it, I am just asking for more and another chance for them to win.. that’s why I was wondering if I should wait and see if they file.

The agreement says they have to start the arbitration. Does it matter? What if they don’t ever file, is it over? And what if I file when they weren’t going to file? what is the advantage, if any, of me starting the arbitration?

this is what it says:

Hey guys, just got an update. The motion to compel arbitration is granted. yay!!! what is the next step? thank you so. much!!!! @Harry Seaward @fisthardcheese

Hmmm.. court?? 😳

Got an update on the online case: ‘notice that plaintiff served defendant the original of plaintiff’s rule 26.1 disclosure statement on Date” what at is that? I haven’t been served anything at all....

Yes, same law firm, same arguments. How come?

@Harry Seaward Here is what I have so far. If you could help me out and point out what I did wrong, should delete, or should add, that would mean the world to me! Thank you again! .

yes it does. it is basically the same letter

I've attached picture of what they quoted for the economic waste part.

I dont think they sent it by mail. on the case online, it says "electronically filed". Im getting a draft done right now, and will post it probably sometimes tonight when im done. I can't tell you how appreciative I am that you guys are helping us. Are you a lawyer? you seem to know all these things about law, and what to do and all, so it got me wondering Also, while thinking ahead, when filing this, what box do I check on the filing system? is it an answer, objection/opposition, statement, memorandum or something else? And last, do I need to cite cases or do I need to argue the cases they cited? Thank you

I don't know what a pro team judge is but I take it, it would be int heir favor cost wise? I am reading the other thread you mentioned, trying to understand what I need to do, and how you respond to their objection. Also, do I only have 5 days to file my answer? They filed it on 4/30 but only hit the docket on 5/1. I didn't think they would respond so quickly and checked today and saw they did. So I basically lost 2 days already... I'm stressing out.... 😢

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@Harry Seaward you were right and they just responded to my MTC saying this: "1- Proceeding with Private Arbitration in this matter would result in economic waste. The arbitration provision should not be enforced as grounds exist in equity not to do so, as enforcing the provision would result in unnecessary economic waste. As Defendant elected probate arbitration after being served with the complaint, plaintiff has already incurred clerk's fees and service fees. If this court were to permit this case to be sent to private arbitration, plaintiff's filing costs may exceed the total amount of plaintiff claim. they then quoted the 9th circuit held in Van Ness Townhouses v. Mar industries Corp. Then quoted Arizona A.R.S 12-1501 2- The court should appoint a judge pro tem to act as arbitrator pursuant to A.R.S. 12-1503. Even if the court determines that the arbitration provision would not result in economic waste, then plaintiff request a judge pro tem to act as arbitrator in this case. Under ARC 12-1503, if the agreed method fails or for any reason cannot be followed for conducting an arbitration, the court on application of a party shall appoint one or more arbitrators. in the present case, it is clear that the agreed method of arbitration in this matter would result in: a) serious economic waste. b) achieve an absurd result not intended by the parties agreement. c) would undercut the purpose of arbitration of "efficiency and economy" For that reason, should the court be inclined to grant Defendant's request, then at the bare minimum, this court shall appoint a Judge Pro Tem and order said Judge to employ a process similar to that outline in rules 72 through 76 of the AZ rules of civil procedure. Pursuant to the parties agreement, the arbitration would be binding and non-appealable." What should be my next step? Thank you!!!