pmccravitz

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About pmccravitz

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  1. Hey all, here's an update! I was stressing over this all weekend and then I go to look at the docket this morning and the judge dismissed the case without me having to do anything! Apparently, he reviewed the JDB lawyer's request for an extension and he overrulled it and dismissed the case!
  2. Here is a draft of a motion to strike and dismiss the complaint. Any advice is greatly appreciated: DEFENDANT'S MOTION TO STRIKE THE PLAINTIFF'S COMPLAINT AND DISMISS Now comes the Defendant in the above-captioned proceeding submitting, pursuant to Rule 12(E) of the Ohio Rules of Civil Procedure, this motion to strike the Plaintiff’s complaint and this motion to dismiss the Plaintiff's Complaint with prejudice pursuant to Rule 41( b )(1) for failure to follow a court order. A brief in support is attached hereto and made a part hereof. Brief in Support I. Motion to Strike. Plainti
  3. Hello all: Here's some quick background. I'm in Ohio... The JDB filed the original complaint and I sent an answer. The judge accepted my answer as a request for a more definitive statement. The judge issued the order and a 14 day time frame for the JDB lawyers to get the amended complaint in. So the due date comes and goes and I awaited the judge to make a decision to hopefully dismiss the case. WELL, the JDB lawyer sent a request for an extension a full 7 days after the judge's due date. AND for good measure, they filed their request for discovery on the same day. When the copy of
  4. Ah. Cool. I'm wondering, if the plaintiff doesn't respond with the updated complaint, do I need to file a motion to dismiss?
  5. Hello all: I'm in Ohio and I answered a complaint with the answers below and I got back a "decision" by the judge to uphold my 'request for a more difinitive statement' (I think that's what it said). The judge is giving the plaintiff 14 days to ammend their complaint or else he may dismiss the case. I'm not familiar with this kind of action and I've answered several other complaints in the past with the same format and affirmative defenses. What does this mean? Also, any thoughts on why the judge took my answer as a request for more difinitive statement? Here are my affirmative defens
  6. I think I'm going to start with the quashing of service. One thing that concerns me is that the JDB lawyers may ask me where I got the original complaint (because I filed an answer) if I was never served. I wasn't served but I attained the complaint from methods other than those mentioned in the acceptable means in civil procedure. Any thoughts?
  7. Thank you so much for the help. I've never gone to court before on something like this (stuff has always been handled out of court). I'm nervous I'll not be able to properly argue and represent myself in court. I'll definitely try to have some sort of cheat sheet ready for the worst case scenario. Anything else that I should keep in mind?
  8. I'm attempting to prepare for a hearing that I have this Tuesday and then, apparently, I have a trial. here is my current situation: 1) Summons was served to the wrong address. 2) The person at the wrong address (a relative) sent a letter to the court stating that he wasn't me and they had the wrong address. 3) The court accepted the letter as an answer. 4) The court sets up a trial for this Tuesday. 5) I answer the summons myself and send arbitration election letter to JDB. 6) JDB filed a motion to correct the record. 7) JDB filed a motion for an "Alias Summons" 8) JDB sends discovery reques
  9. I did file my motion to dismiss or in the alternative stay pending arbitration. Is it ok to further file another motion to dismiss for improper service before my first motion is addressed?
  10. BTO4929: I went to the clerk and asked for the affidavit of service and the clerk had no idea what I was taking about. I said it should be an affidavit signed by the process server and she said they don't have that...they just have the post office's green signature slip that comes on the original summons.
  11. How would you interpret this rule in the code? Do you see that by them serving my father and not at my own address, I'm still properly served because my father is older than 18 years of age? When he was served he hadn't been "designated" by order of the court, nor was he given a copy of the process as it states below...they served him as if they were acting like I lived at his address.
  12. Hello all: I've filed a MTD pending arbitration on my current case but the trial is currently set for next week and I wanted to make sure all my bases are covered by including my "plan B" approach in case the MTD pending arb is denied. I wanted to file an additional motion to dismiss for improper service (check out my recent thread regarding this). Is it proper practice to file more than one motion to dismiss at a time?
  13. Hello all: I'm in dire need of help. A quick background and status: - State is Ohio. - JDB sent summons to wrong address (an address that I haven't been at in over a decade. - It was sent to my father with his name on it but the summons has my name on it. - I filed an answer to the summons. In the summons I noted that plaintiff hadn't properly served defendant. - Ohio rules state that proper summons filing to defendants with unknown addresses is by publication, which did not happen. - Court date is December 4th. - Plaintiff turned around and refiled the summons with a "motion to correct the r
  14. This is what I'm going to try to do. My civil procedure states that proper service to an individual of unknown address is via "publication". I'm not sure what publication is but I'm pretty sure that what they did was not. I'm going have an affidavit from my father stating the JDB called them several times in the past and he had several times told them that the person that they were looking for was not at his address. I'm going to use that as proof that they didn't know my address and attempt to get the case dismissed for improper service. I'm also going to include the arbitration argument