crabbypatty

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About crabbypatty

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  1. I’m just worried because I am waiting for the ruling on the PRA’s MSJ. I sent an opposition for MSJ and my arbitration hearing is scheduled on 06/13/2019 and I will not be in town. I requested a continuance and the magistrates secretary told me that she hasn’t scheduled a continuance because she was waiting for the magistrates response to PRA’s MSJ. I was thinking of filing an amendment to my affirmative defenses adding improper service. I didn’t realize it until I checked my case online and it said complaint sent certified mail ? So after digging through Ohio Supreme Court Rules, I read
  2. Sorry I think these are the rules that I need to post RULE 4.1 Process: Methods of Service All methods of service within this state, except service by publication as provided in Civ.R. 4.4(A), are described in this rule. Methods of out-of-state service and for service in a foreign country are described in Civ.R. 4.3 and 4.5. (A) Service by clerk. (1) Methods of service. (a) Service by United States certified or express mail. Evidenced by return receipt signed by any person, service of any process shall be by United States certified or express mail unless otherwise permitted by the
  3. Thank you all for you help. I have another question though, I just realized that I think my complaint was served with improper service. This is the civil rule of Ohio on service TITLE II. COMMENCEMENT OF ACTION AND VENUE; SERVICE OF PROCESS; SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS SUBSEQUENT TO THE ORIGINAL COMPLAINT; TIME RULE 3. Commencement of Action; Venue (A) Commencement. A civil action is commenced by filing a complaint with the court, if service is obtained within one year from such filing upon a named defendant, or upon an incorrectly named defendant whose name is
  4. I have to turn this in today so please, please, please let me know if there is anything I need to change.
  5. Do you feel like I should try to settle before they win MSJ? I will upload my opposition to Motion Summary shortly.
  6. Here is a copy of the affidavit that I attached to the MTC.
  7. Yes I did attach an affidavit to my MTC.
  8. What do you think about the Ohio Civil Rule that I posted above? Is that saying that an avvidavit is admissible WITHOUT a statement from the custodian of business records? RULE 406. Habit; Routine Practice Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice. [Effective: July 1, 1980.] Im panicking because that i
  9. I was also going to use the fact that the affidavits would be admissible under ohio rules which state that business recprds are admissible given a statement from a custodian of business records whch are created in the normal course of business but it doesn't look like it in Ohio Civil Rules. Is that how you take this: RULE 406. Habit; Routine Practice Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on
  10. This is their response to my discovery.
  11. Exhibit B is all the statements, do you want me to upload those also?
  12. So far PRA has not filed written opposition to my motion. I am thinking that they are banking on winning a motion summary judgement. I did not raise arbitration as a defense in my affirmative defenses but I did put as my eleventh defense that "Defendant does reserve the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.
  13. I have a copy of the terms and agreements that PRA attached with their discovery requests and it does have an arbitration clause in it. Since we have already made it through the discovery phase I did file a motion to compel arbitration with the court and they scheduled a hearing for June 13, 2019. Of course I will be on a family vacation that has been scheduled since January of 2019 so I just requested a continuance due to a family obligation that has been scheduled since January. I called the the court to make sure they received and she said they wont reschedule it yet because they are wai
  14. Exhibit B is all the statements, do you want me to upload those also?