elansus

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elansus last won the day on December 14 2019

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About elansus

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  1. I sent the paperwork into JAMS but have not yet heard back from them. I am guessing that the plaintiff filed their notice of dismissal before JAMS could send out the paperwork. The court has also already dismissed the case according to the docket.
  2. Robby, I would love for this to be dismissed with Prejudice, however the court has already dismissed the case. Is there something I should do or something to file requesting dismissal with prejudice?
  3. Hey all, just wanted to let you know I did end up sending a copy to the opposing attorney. I did keep a copy of everything for myself for court records. But all was for naught. Within 5 days the opposing counsel sent me their Notice of Dismissal Without Prejudice and the court has accepted it and cancelled all upcoming matters due to case dismissal! Victory! It wouldn't have been possible without these forums and everyone's help with wording and putting my documents together. Especially @LaneBlane and @Brotherskeeper. Thank you so much guys!
  4. Hello all, Moving my thread as this has now gone to arbitration. It has been about 3 weeks since I received my MTC Arbitration and the paperwork has been sent out to JAMS. Thank you to @MikeB35for his handy sheet to help fill out the Demand for Arbitration Form, and many many thanks to @Brotherskeeper and @LaneBlane and others as I would not have made it to this point without them. Now to sit back and see what happens. Original thread for reference.
  5. Thanks everyone, especially for all the help! I've got everything ready to send out today and will be getting this taken care of. I couldn't have made it this far without everyone on this forum, and especially LaneBlane and BrothersKeeper for help with my brief.
  6. Update: Finally received the Magistrate's Order: This matter came before the court for ruling upon Defendant's Motion to Compel Arbitration, and Stay Proceedings. After review of Defendant's motion, the court finds the Motion to Compel Arbitration and Stay Proceedings well-taken and is hereby granted. This matter shall be STAYED for 60 days to allow this parties to initiate Arbitration Proceedings. This case shall be set for a Status Conference by at 9:30 a.m. on February 12, 2020. Looks like I got it! Now to file with JAMS and see what will happen. Not sure why both weren't uploaded at the same time but I'll take it no matter! Brotherskeeper and LaneBlane plus everyone else, thank you so much for helping me get this far. Now to wait and see what happens. Hopefully I can push for walk-away w/ Prejudice
  7. Hi guys! Sorry for the delay, was away for the weekend. Brotherskeeper, you are correct. I never received a ruling for my MTC Arb yet. I was watching for it for about a week when I seen they scheduled the status conference, and no idea exactly what that status conference is supposed to be for and no indication for what it is for either. I triee to call the clerk’s office last week with no luck. I will try tomorrow when they open. Thanks for checking in, I will update you with what i find out next.
  8. Update: The non-oral hearing date set by the magistrate has come and gone (Nov 29th) and just today a Status Conference has been set before the Magistrate for February 12, 2020 at 9:30 AM. Why pushed out so far? The feeling from this status conference is weird.
  9. Correct. If the magistrate denies my motion I will have plenty of time to file an appeal and I can amend it to admitting to having an account with the OC but not admitting to the debt. Now I am working on getting these interrogatories, admissions and request for documents since they need to be filed/returned Wednesday this week so I want to get them out tomorrow.
  10. @Brotherskeeper & @LaneBlane Thank you so much, both of your for your help. Both your suggestions were amazing and I have updated my conclusion and printed out my three copies to take to file tomorrow. I will keep you posted!
  11. Thank you again, I have updated and. I believe when I was moving around my paragraphs and adding your suggestions brotherskeeper I ended up deleting the paragraph that LaneBlane was helping me with. Here is my latest draft, hopefully complete and error free this time
  12. Thank you to both of you for your input, and especially for your suggestions on how to word it. Brotherskeeper, I took much of what you said and restructured my entire opening argument then transitioned and edited to speak to against Arb. unfairly prejudicing the plaintiff and closing with why I did not begin arbitration. Let me know your thoughts, and thank you so much again!
  13. @LaneBlane that was my concern as well, hopefully my draft accounts for that @Brotherskeeper My main concern is that I now quoted too many different sources but, again, hopefully it covers that disputes should be referred to arbitration
  14. So I added a bit more substance to it. I'm unsure if this will read properly or not but I'm hoping that I was able to make my point that even though I denied the claims, it was due to Ohio general pleading where if not enough information to determine the truth, denying the claims places the burden of proof on the plaintiff.
  15. LaneBlane, thanks for your assist on that. I re-worded the beginning of my argument as to why my motion should be approved. Here is my first rough draft. I'm worried I could have more arguments, but also don't want to put too much information.