I filed a Memorandum Opposing Motion for Summary Judgment vs MIDLAND and they didn't file a Reply or Submit for Decision.
Time passed, my Memorandum was filed in August.
They had been very shady during this entire case. In April they send me Motion for Summary Judgment with all attachments and Affidavits, with certificates that this is true and exact copy of what they filed with court. I responded with Memorandum Opposing. And that was it. Nothing. So before going on vacation I send them a letter, telling them I will be out of country for a month, so would not be available for court hearings and etc. They file a motion for Summary Judgment right after I left. If I would not have left instructions to open everything that comes from these crooks, the time to respond to a Motion would be long passed before I would be back to USA.. I guess they were counting on me not Opposing and not showing up in court because I told them I will be out of the country.
This motion was completely different from the first motion for summary judgment.
I filed for extension of time over email and received it. Then I was rereading first motion and thought, what if I ask a judge to rule in the first motion and maybe this law suit will be over, because their first motion didn't stand a chance. So, I send to court Request to Submit for Decision and write in email to the clerk that this is regarding first motion for summary judgment, filed by Plaintiff in April. She didn't respond, so I wait and then ask her again. So she sends me a case docket and highlights that THERE WAS NO MOTION FIR SUMMARY JUDGMENT in April!
Looks like they either pretended to file to see if I responded and learn my defense strategy or they changed their mind about filing.
Before responding to this Motion for Summary Judgment, I made sure it was filed!
Anyway. It is weird there is no movement. And now I am wondering if I should file Motion to Dismiss.
Can someone help me to find out if I have grounds to file Motion to Dismiss?