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chuckgst last won the day on April 29 2020

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  1. Plaintiff filed a voluntary dismissal without prejudice. Speaking with them beforehand, I pushed for with prejudice but they wouldn't budge. Thanks for everyone's help here. Appreciate it.
  2. From what I can gather, file a motion for sanctions for failure to follow a court order and ask for a dismissal with prejudice. I think that would be the next step. At least in my case. Not sure how that would apply to anyone else though.
  3. Received a letter from AAA today stating they are not going to close the case due to lack of payment from the plaintiff. It also says that they may be barred from any future arbitration for failing to pay their portion of the fees.
  4. Not yet. I have a letter from AAA dated 3/20 saying that if the plaintiffs portion is not received by tomorrow 4/3/20 then AAA will terminate the case.
  5. Quick question while I wait for all of this to play out. AAA said that the plaintiff has until tomorrow to pay their portion of the arbitration fee. If they do not and AAA terminates the case, what happens then?
  6. Yep granted MTC with a stay pending outcome is in hand. I had drafted a letter bringing my opposition to their Motion to Mediate but i have not sent it yet. They have until April 3 to pay their portion of the AAA fee. If not received by then, AAA will close the file. Should I wait until then and file a Motion for Sanctions and ask for dismissal for failing to abide by the court order, or should I send something now that states something along the lines of the court erred on approving the motion to mediate as the case is stayed pending arbitration?
  7. I guess two can play this game. I just finished drafting my own letter to the Judge respectfully asking to review the Opposition to Mediate and allow us to continue to Arbitration.
  8. So, the Plaintiff's attorney sent their motion to mediate directly to the judge with a blank order and the judge just signed it today. I just received an email with the signed order. If I have already filed my Opposition to their motion the day after they filed their motion to mediate, how can the judge sign the order? There was no hearing scheduled or anything.
  9. The attorney just called me to to ask if I wanted to settle the account. Not sure what I should have asked for. I just told them that I was not settling at this time.
  10. Understood. I modified the original paragraph to read like this DEFENDANTS OPPOSITION TO PLAINTIFF MOTION TO MEDIATE COMES NOW the Defendant, My Name, pro se, submits this opposition of Plaintiff’s Motion to Mediate on the grounds that the court has already held a hearing and granted the Defendant's Motion to Compel Arbitration, the Plaintiff's counsel agreed to arbitration during that hearing, and a case has already been submitted and accepted by the American Arbitration Association.
  11. I believe I stated that in point 2 of my opposition. Since I really only have 1 shot at the objection, I want to be sure I am objecting properly.
  12. I also just received an email from AAA stating they are accepting the case based on a court order compelling arbitration. The plaintiff's initial fees are $3,050. I already paid the $200 initiation fee.
  13. Here is what I have so far. Thoughts and/or comments are always appreciated. DEFENDANTS OPPOSITION TO PLAINTIFF MOTION TO MEDIATE COMES NOW the Defendant, My Name, pro se, submits this opposition of Plaintiff’s Motion to Mediate. This opposition is based on the following Memorandum of Points and Authorities, pleadings and papers on file, and any argument that the Court may allow at the time of hearing. MEMORANDUM OF POINTS AND AUTHORITIES 1) That on November 7, 2019, Defendant filed a Motion to Compel Binding Private Arbitration based on the terms and conditions of the Loan Agreement attached to Plaintiff’s initial complaint. 2) That on February 19, 2020, Defendants Motion to Compel Arbitration was heard and granted, without opposition from Plaintiff’s Attorney. 3) Florida Statute 44.102 Court-ordered mediation section (a) states: a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless: 1. The action is a landlord and tenant dispute that does not include a claim for personal injury. 2. The action is filed for the purpose of collecting a debt. 3. The action is a claim of medical malpractice. 4. The action is governed by the Florida Small Claims Rules. 5. The court determines that the action is proper for referral to nonbinding arbitration under his chapter. 6. The parties have agreed to binding arbitration. 7. The parties have agreed to an expedited trial pursuant to s. 45.075. 8. The parties have agreed to voluntary trial resolution pursuant to s. 44.104. WHEREFORE, Defendant requests this Honorable Court to rule against the plaintiff’s motion to mediate pursuant to the terms set forth in the original contract, the order granting defendants Motion to Compel Arbitration, and FL Statute 44.102 (2)(a)6.
  14. I see what you are getting at. All I have is this.
  15. No, I have the order granting my MTC for private contractual arbitration.
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