Brotherskeeper

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Brotherskeeper last won the day on February 17

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  1. You didn't answer this very important question from @LaneBlane Before you can study arbitration, you must first determine what type of arbitration forum rules (consumer or business) you would be subject to. The cost to you is very different and is vital to your strategy going forward.
  2. @Infinity Angel Did you call this attorney's office to inform him/her that you do not know this defendant, never employed her or paid her any sum; the named LLC has been inactive during all times relevant to this matter; you have no documents in response to this subpoena's attached schedule in the above-referenced civil matter involving this defendant?
  3. Is this a discovery subpoena issued to you (as a non-party to a lawsuit) for your LLC? Rule 2.305 - Discovery Subpoena to a Non-Party "(6) In a subpoena for a non-party deposition, a party may name as the deponent a public or private corporation, partnership, association, or governmental agency and describe with reasonable particularity the matters on which examination is requested. The subpoena shall be served at least 14 days prior to the scheduled deposition. No later than 10 days after being served with the subpoena, the subpoenaed entity may serve objections, or file a motion
  4. You filed your Answer and MTC on 8/24/20. As I pointed out, you did not check any box to indicate whether you wanted a hearing or not on your Motion. You did not check the box that you included a proposed order for your judge to sign. Was this an error on your part or did you leave this blank on purpose? If your court requires you to have indicated on the form what you wanted the court to do, and you did not, then perhaps your Motion is in limbo. I would certainly ask the court clerk about this. The clerk can't give any legal advice, but should be able to tell you if your failure to fill
  5. How is a judge supposed to "respond" to a Plaintiff's MSJ prior to a scheduled (and court calendared) motion hearing under your court rules? If a motion is filed and a hearing is scheduled with the court, and the opposing party properly submits a response in opposition, wouldn't the judge hear both sides at a hearing, then make a ruling? After the ruling, wouldn't a judge issue an order to grant or deny (all or in part) of the Plaintiff's MSJ? Who exactly "canceled" this hearing? The Plaintiff or the court? It sounds like the Plaintiff: If the judge is responsible for the schedu
  6. The judge would either grant or deny Defendant's Motion to Compel Private Contractual Arbitration (or however you titled your Motion). What you have posted above appears to be a court-ordered Notice of ADR. Please read it carefully. It directs that the parties "shall" contact the "court-appointed mediator" directly. It mentions a court-mandated fee. Unless I'm mistaken, it is not an order for you to go to JAMS or AAA, which are private companies unrelated to your court. I would check with the clerk to see if this is an error and the status of your Motion to compel. Was PRA's MSJ denied?
  7. Barclays agreed that you did in fact have the "right" not to pay the "remaining amount due" on the purchase. Why do you believe Barclays should have refunded the $19K you already paid? Is there another clause in this agreement that covers this? What were the dispute or refund terms of the purchase agreement between you and the merchant?
  8. The linked to threads above have descriptions of what occurred at the poster's pre-trial conference. These are usually quick. The judge wants to know how to schedule the process (discovery, pre-trial motions, etc.) up to trial on the court calendar, and if settlement between the parties may be possible. (IANAL) I would be prepared to discuss your plan to file a motion to compel arb. The judge may ask why you haven't done so before now since you filed your Answer back at the beginning of November. The judge is in charge of the proceeding. You speak to the judge, not the attorney, when the judge
  9. @jgnewbieThe answers to those questions are in the threads linked to in the posts above. Yes, I and others have indicated that you should have filed a MTC arb very soon after filing your Answer indicating you were using the agreement's arb provision as an affirmative defense. The burden of proof for an affirmative defense is on you, not on the plaintiff. This is also explained in the threads linked to above. Several of the threads above have drafts of all the documents you would need to submit to court and to the plaintiff. You will need to replace the specific details of your case and use the
  10. @jgnewbie The draft of your Answer with Affirmative Defenses including arbitration is dated Nov. 2, 2020. I don't know when you actually filed it with the court. It would have been prudent to have filed your motion to compel and scheduled a hearing for it by now. You will likely receive a motion for summary disposition very soon from Midland. You will have the added work load to file a response in opposition to plaintiff's summary disposition motion, in addition to your MTC papers.
  11. @jgnewbie Like other members here, I'm just a lowly volunteer with no legal background. I help as my time permits. I offer my layperson's perspective and may make suggestions on what I might do if I were in your shoes. I would always--always--verify for myself any advice received on this forum. As such, I try to show or provide links to where I get the information I share here so that it is easy to check for yourself. You are responsible for knowing and correctly using/citing all court rules, Michigan statutes, the FAA §§1-16 et seq., and any court rulings you use as authority or to support an
  12. @LaneBlane 👆 This is very informative. You've given some really great suggestions. Thank you!
  13. @tinyturtle As I mentioned, I have very limited information on what happens in arbitration. I am guessing that your initial prelim call will cover what both sides will need (scope of discovery, live witnesses, and thus the need for an in-person (or video or conference call equivalent) hearing to give the arbitrator an idea of the complexity of your case/claims and the timing that will be needed. Parties are free to settle at any time, so I can't imagine the arbitrator is going to block out days for you to work on a settlement. I would have an idea of what it will take for you to settle. I