Bob Fletcher

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Everything posted by Bob Fletcher

  1. Ok, so l'm getting an idea how it works! Judge denied my motion to preclude initial disclosures. In his answer he totally ignored all of my arguments and used one lame argument of the plaintiff's lawyers. It's like he totally ignores my brief. Now we know what we are up against. P×××k!
  2. Below is a draft of my Meet and Confer letter to the Plaintiff regarding the latest affidavit of sale which is posted on post 164 I would appreciated any input!!! Re: Affidavit of Dustin Smurdon Let this letter serve as a meet and confer regarding the Affidavit of Sale by Dustin Smurdon, provided by Plaintiff, Midland Funding LLC. It should be pointed out that this Affidavit of Sale is an incomplete document. It refers to a “review of Chase’s records”. Without the “records” the Affidavit is referring to it is an incomplete document. The affiant claims he reviewed “Chase's records”. Wh
  3. Thanks Shellie98!! You and KentWA are right! I think I will wait for the decision on my Motion to Preclude Initial Disclosures and if that does not go my way, will finish my MIL to preclude each additional document that has been provided.
  4. Another issue is that standard discovery is to end at 6 months according to the Rules and that period has come and gone, but the Plaintiff keeps supplementing their initial disclosures which were 6 months late. I am waiting to see what happens to my Motion to Preclude Initial Disclosures. If I am successful this all becomes a moot point. If not, I need to attack them.
  5. KentWA says - "Affidavit first: BV80 made several good points and read Rule 803 and 902 carefully. Then prepare a discovery request for each and every record the affiant reviewed. They are not allowed to hide those and must produce or the affidavit goes down the toilet. They are going to have to pay chase to get those records. Also start getting a depo by written questions ready for the affiant with questions like, who is your employer, what is your job description, What records did you review, how did you review them, etc." OK, so here is my dilemma!! According to URCP Rule 26(C)(5) I am l
  6. Shellie says: I would also note, he said a" transmitted by, a person having knowledge of these matters" transmitted this info. well I wonder who that person is? I'd like to ask them a couple of questions, so could you please provide me a name and address, so I may issue a subpoena and ask? Good Point, Thanks!!!
  7. Flyerfan says: Nothing referenced as an exhibit makes every word she says conclusory and lacking foundation and documentary evidence. Thanks!!
  8. I found this record from a North Carolina Bankruptcy record. Fatal mistake made, not disputing the affidavit "Ownership of the Debt Debtor contests the validity of the assignment attached to eCAST’s original proof of claim. Debtor contends that Rachelle Riggins, in her capacity as “Team Leader,” did not have proper authority to execute the assignment on behalf of Chase. eCAST amended its proof of claim to include the affidavit of Mr. Smurdon, an officer of Chase, which confirmed ownership of the debt by eCAST. The debtor did not dispute the Smurdon affidavit nor introduce any evidence to su
  9. KentWA says: Did they request it, or subpoena you? If it is a a request, you do not have to comply and can tell them to take a flying leap until they make suitable arrangements including a date you agree to. However if it is a subpoena, then it is Motion to Quash Deposition Subpoena or Motion to Quash XXX (where XXX is whatever language they used in the caption of their Subpoena). I just went back and looked at the paperwork (2 documents) sent by the attorneys and they say 1) Notice of Deposition and 2) Request for production of Documents It was not an actual SUBPOENA. Not sure where I got
  10. Thanks KentWA!! again!! Filed my Motion for Security Bond this morning and will file Motion To Quash Subpoena Monday Morning, UPDATE - Received a new affidavit of sale in the trickle of supplemental Initial Disclosures this morning. In my Motion to Preclude Initial Disclosures, I asked the Court to Preclude all Initial Disclosures. I have submitted my request for a decision so we will have to see what happens. In the meantime will need to be prepared to Oppose this new document. It is from a Mr. Dustin Smurdon, Attorney-in-Fact for Chase Bank and Notarized by a Ms Maria Narvaez. Here it is
  11. Many Thanks KentWA!!! Have my Motion for Security Bond ready to file tomorrow. Quick question, when I file my Objection to the Deposition for reasons previously stated, what is best to put in the Caption? Simply: Defendant's Objection to Plaintiff's Request for Deposition since it not really a motion.
  12. KentWA says: File for the cost bond and then the next day oppose the depo on multiple grounds, costs being one of those.Make sure you include Xchange costs and anything else you can come up with from the rules and statutes. I am having a hard time finding anything in Utah Statutes regarding what is eligible for cost recovery. Rule 54(d)(1) says; "Except when express provision therefor is made in a statute of this state or in these rules, costs will be allowed as of Course to the prevailing party unless the Court otherwise directs..." I also think Utah leaves the Recovery of the expense of
  13. Thanks KentWA!! Going to work on my Motions, is the proper place to ask for oral arguments in the Conclusion portion of the Motion? If the Depo where I live, I would not oppose. It is basically a 1 hour drive one way to the attorney offices, through a major canyon. Tires need replacing at present on a shared vehicle that is not safe for interstate travel (High Speeds over long distances), plus it puts a burden since more than one person depends on the car daily at specific times. I figure the Depo with travel time is at least 4 hours.
  14. Would you ask for the continuance in writing or over the phone. I really have a hard time trusting these guys!!!!
  15. I am thinking a continuance on the Depo may be the thing to do as it would buy me time for the Motion for Security costs. There must be some provision for a continuance as things come up in the course of life. I was able to achieve a continuance on a court date without a problem and this is a discovery matter.
  16. Thanks KentWA!! My immediate problem is that the Depo is set for July 17 and if I file the motion for security costs even tomorrow, that time will come and go before they have to answer the Motion for Security Costs. What do you think about filing the Motion for Security costs followed a couple of days later with a motion objecting to the subpoena. According to Utah rules I just have to file the motion objecting before the date. This way the Depo would be put off until we go through the process. Or do you think I should file for a continuance on the Depo and then file the Motion for Securit
  17. KentWA says - What grounds would you have for such opposition? I was planning on Undue Burden and costs and the fact that the Depo is in another County. According to the Rule 45: (e)(3) The person subject to the subpoena or a non-party affected by the subpoena may object if the subpoena: (e)(3)( requires a resident of this state to appear at other than a trial or hearing in a county in which the person does not reside, is not employed, or does not transact business in person; (e)(3)(F) subjects the person to an undue burden or cost; It will really be a burden for me (actually not on
  18. Also planning on filing opposition to subpoena for Deposition per URCP45(e)(3)(B<C&F). Do I need to file this with the court since it is part of Discovery? Or do I just file the notification of service?
  19. In Utah, they will have 10 days plus an additional 3 days for mail to file an opposition to your Motion. You then have 5 days plus an additional 3 days for mail to respond to the opposition to your Motion. My suggestion is to not get in a rush to ask for a decision if you have not received opposition in 13 days. Give a couple of extra days as you want to be able to respond to their opposition.
  20. UPDATE - So I file my request for a decision on July 2nd. Some things came up in the plaintiff's brief that I thought I would throw out for input. The plaintiff is basically saying that since I signed as agent in a business name application for a DBA business in February 2006. That I agreed for service at the address of my wife's business, which is an LLC of which I am not part of. The DBA ceased on January 22, 2010 and my name on the leased ended January 31, 2010, The LLC was established January 25, 2010. The plaintiff is also saying that since I had agreed to service in 2006 and even thou
  21. KentWA says: Do they give any reason for the claimed estoppel? They are beginning to throw anything they can dream up against the wall in the hopes that something will stick, they are in full desperation mode. Cutting through the legal jargon, they say: Plaintiff in good faith, initially provided its initial disclosures to defendant at the address was the Defendant was served.(The papers from the process server say the papers were served to a John Doe at my wife's business). They say I chose to be served here due to a Business Name Application I made in 2006 for a business that has not exist
  22. KentWA says: I would also get a declaration from your wife that no such documents were sent to the address they claim. Does this declaration need to be notarized?
  23. Thanks Flyer and KentWA!!!! They have provided no concrete proof of sending anything and will be unable to as they send everything first class mail. The declaration from my wife is excellent. I did file my Motion to Quash the Subpoena. Here is what they stuck on the end of their response to my Motion to Preclude: They also in a final paragraph had a section titled "REQUEST TO SUPPLEMENT OPPOSITION WITH RESPONSE TO SUBPOENA". This was a separate motion I filed on 6/20/2013. Hmmmm In it says: Plaintiff has, in this matter, vaused a Subpoena to be served on the Owners of the property at