Jimmy E

  • Content Count

  • Joined

  • Last visited

  • Days Won


Jimmy E last won the day on February 4

Jimmy E had the most liked content!

Community Reputation

110 Excellent

1 Follower

About Jimmy E

  • Rank
  • Birthday 01/18/1967

Profile Fields

  • Location

Recent Profile Visitors

1,859 profile views
  1. @Xtreme98, it is certainly up to Plaintiff to continue pursuing the case with a potential filing(s) -- likely more discovery, if anything. Their other choice is to do nothing at all, which after one year of inactivity you file a motion to dismiss WITH prejudice for lack of prosecution. The 'poking the bear' bit would be you perhaps filing a 'Second Motion to Compel Arbitration' -- much like the first one you filed, but with the additional knowledge that Plaintiff withdrew their MSJ on 'x' date. There may be more options -- and welcome the forum members to opine. If it were ME, I believe I'd wait to see if Plaintiff decides to make any more filings. They've been so scramble-brained not remembering much of their own filing dates, it would not surprise me if they have already moved on to the 'lower hanging fruit' of defendants who don't answer initial complaints! Good luck! Jimmy
  2. It seems to me the judge would still rule on your motion to compel arbitration. I'm actually surprised that has not happened yet. To all: Would it be 'poking the bear' to reassert that Plaintiff withdrew their MSJ, and have Defendant write an answer to the pending motion to compel arbitration, for purposes of the judge signing? I'm sure I've seen MSJ's submitted by plaintiffs/defendants composed as if the judge had written it -- with the "it is so ordered," etc. The judge reviews and simply signs it, so long as nothing else is pending. Thoughts?? Best, Jimmy
  3. @Xtreme98, the way I read it, I believe the Plaintiff is saying they filed and sent you the initial complaint on 6/24/2019. Their MSJ is clearly trying to say that you had 30 days to answer the complaint, but did not -- in other words answered by 7/24 to 7/28, taking mailing into account. Can you confirm that you received their ORIGINAL complaint a short time after 6/24/19? Here's what I will look into: In a worst-case scenario, let's say you did file an answer well past 30 days late. Instead of an MSJ, they ANSWERED with their own set of 'admissions' and 'interrogatories,' which you answered and filed on 9/11/19. In fact, you answered them SO well, they know their only avenue is to go backwards and say you should have answered the complaint by end of July or so. That's their argument. We need to find out if the Plaintiff replying to your supposed "late" answers, defeats their claim that you responded too late to begin with. It seems to me the Plaintiff would have sent this MSJ at end of July or later. Instead, they sent admission requests and interogs, thereby continuing the case. So, back to you. Can you show proof that you received their original complaint in Sept or Oct, instead of end of June?? Best, Jimmy
  4. @Xtreme98, just so everyone is clear, this is a *DIFFERENT* case altogether than the one the JDB dismissed in DISTRICT court (small claims), right?? If so, two things: 1. Their filings and requests will be much the same as with your previous case. Just answer and file a motion to arbitrate. 2. Since I think this IS a different case, you might want to start a NEW thread if you have more to share or have questions. You will find the posts on this thread apply to the 'new' case in the same way since the Arkansas rules are the same. Best, Jimmy
  5. @Xtreme98, you WIN!! Congratulations! Technically speaking, the dismissal withOUT prejudice means they could re-file, but in most all cases I've seen, they don't -- too expensive. The JDBs like defendants who don't respond to their complaint, so JDB can win by a default summary judgment. You are one of a few percent who let them know you were ready to fight. They 'blinked.' Congrats again! Hopefully it will be the same for your Circuit case. Best, Jimmy
  6. @Xtreme98, it's hard to say what a Plaintiff will do. It's my opinion that as quickly as they know you intend to compel the court to arbitration, the better. At the moment, it seems arbitration is a very expensive endeavor to a JDB -- expensive in money AND time. Will they spend several thousand in arbitration on the "chance" to recover money? IMO, no. However, since arbitration is a thorn in their side, it's sure that they must be working on strategies to win. Best, Jimmy
  7. @Xtreme98, sounds like you're okay for the moment on the 'small claims' (district) case. A hearing is NOT required when you file a MTC (or most any other motion). You might want to go to the court clerk and ask to see if anything has been filed that you may not know about (or won't know about for several days). A plaintiff or defendant might immediately file a motion for whatever reason, but wait until the last day to notify you. That's why it's not a bad idea to visit the court clerk to find out the latest. Certainly keep an eye on the case, but start working on the 'Circuit' case. As you may know, it's a Circuit case because the plaintiff is seeking more than $5000. Beyond that, the court rules are the same -- filing answers, motions, etc. Good Luck! Jimmy
  8. @Xtreme98, imo if you don't live far from the county seat, file anything you need to file now or in the future directly with the clerk at the courthouse. If you live way out, forget it. As people have mentioned, some court clerks are nice, and some are 'snotty.' Just be as friendly as you can be, thank them in advance for their time, etc. You'd be surprised how just being nice can cause a clerk to do all he or she can to help. Of course, they can't answer legal questions, but will stamp and file whatever it is you bring them. A friendly clerk might tell you that you did not put a 'Certificate of Service' page on whatever you're filing, or that something must be notarized -- telling you that "Mary on the 2nd floor is a notary public." You get the idea -- sometimes they help, and other times they are helpful. Don't get me wrong. None of the above is particularly necessary, and may be of no help whatsoever. It's just an extra 'touch' that can do no harm, imo. Would I do this in Pulaski County? Absolutely not. Too many cases, too many clerks, too many people waiting. In a small county, yes! Specifically though, a clerk may not know how to file a "motion," but they do know how to FILE. If you presented your case number on a piece of paper, and wrote 'ABCD' on it, they will file it with everything else that's part of the case. Thanks, Jimmy
  9. Xtreme98, btw, you may find that saving the ARCP to PDF will be more helpful, since you can search for certain rules, or even keywords. While it's important to know as much as you can about ARCP, I believe you agree that arbitration is the way to go on your case(s). Over the course of time, the JDBs have tried to plug every legal hole that would lose them a case -- making arbitration the most attractive option, imo. Best, Jimmy
  10. Xtreme98, among other places, you can find the 'Arkansas Rules of Civil Procedure' right here: https://www.arcourts.gov/rules-and-administrative-orders/rules-of-civil-procedure You can find a LOT of information here. However, in many cases, if you want to find out what a certain rule means -- such as when the Plaintiff says they are "authorized to do business... according to 'Arkansas Code Annotated 4-27-1501," you can just 'Google' Arkansas Code 4-27-1501, and generally find a link directly referencing that section. Of course, that's just an example. Good luck! Jimmy
  11. I think you got this one since it has been so long. I wonder why the judge did not rule one way or another on your motion for arbitration -- especially since it was the last filing in the case (unless I'm missing something)? I would just wait for the time to expire. I'm sure your motion had much to do with their non-response. Still, I can't help wonder why judge took zero action on the motion? Best of luck. I'll be watching! -J
  12. Sounds like it has come full circle -- arbitration! The Plaintiff either let your case fall through the cracks, or they do not want to dive into arbitration. In fact, others jump in on this as well, but is it too late for Plaintiff to answer OP's motion? I know in Arkansas, cases that have had zero 'movement,' can be dismissed for want of prosecution. Since it has been MORE than one year, you might want to seek opinions from the forum on crafting a 'Motion to Dismiss WITH Prejudice.' That would be the only reason I would consider filing a MTD. Since Plaintiff is one who filed and has been quiet for more than one year, getting a dismissal WITH prejudice would prevent them from simply filing the case again. If for some reason they DO file a motion, the one year deadline has passed -- even though the court was several months late in informing the parties. Others, what do you think?? -J
  13. If I'm looking at the right case, you should stick with ARBITRATION. In fact, file a separate motion to have case settled by arbitration. Once you've done so, you will never hear from Lamb. I've gone up against him twice, District AND Circuit courts, and beat him like he owed ME money! Seriously though, Lamb is 'fishing.' The fact that you answered the complaint is probably enough for him to move on. There's too many others who won't answer his complaints, to bother with your $780. When I say 'others' I mean the HUNDREDS and HUNDREDS of cases he has filed in practically ALL 75 Arkansas counties. Stay on top of it. You got this. -- Fellow Razorback, Jimmy
  14. Thanks @BV80 and @debtzapper. I still 'troll,' but since most everyone recommends arbitration, I have little to offer. With ongoing JDB tactic changes over the course of time, I agree arbitration is the best way to go, if one can. I just saw this post, was familiar with the JDB attorney, and wanted to let OP essentially know that Lamb will take a suit to a certain point -- until he can't use 'stock' replies, and actually has to WORK, and will likely drop the case in the end. $740 takes him too much time imo, especially when you send 50+ interrogs and a whole lot of RFA. Jimmy