Silver1 Posted May 8, 2007 Report Share Posted May 8, 2007 Original justice court case dismissed without prejudice b/c plaintiff did not show up to pretrial, but the scumbags are back, having filed a motion for summary judgment. Interesting: the court dismissed the case w/out prejudice on a Wednesday. Today, I got a letter through the mail from Scumbag atty with copies of a motion for summary judgment filed with the court - and the notarized affidavit and motion for summary judgment documents are dated the very next day after my case was dismissed. They filed a motion for summary judgment the very next day after my case was dismissed....this makes no sense to me.So - they want me to call them if I want to avoid further court appearances, and their kind letter says an agreed resolution of this matter would be in the best interest of all parties in this case. Not a lawyer - but how can they file a motion for summary judgment after dismissal of the case? I know the dismissal was w/out prejudice, but wouldn't they have to file a new lawsuit? Even the date on their letter reflects that the motion for summary judgment was filed the day after dismissal of the case at JC pretrial.Your expert opinions? Many thanks! Link to comment Share on other sites More sharing options...
aunieandreg Posted May 9, 2007 Report Share Posted May 9, 2007 It could be the same thing as mine. My case was dismissed and 5 days laterthey file for cont. of pre-trial on 5-3-07. We go to the court house and they tell us case is still dismissed but because the attorney is in cincinnati itsometimes takes longer to get to dayton and file. They may have filed it before your court date but its just now reaching the court house to be filed. Keep check on the internet municiple court sight and call to make sure.Dont stress like I did. GOOD LUCK Link to comment Share on other sites More sharing options...
Silver1 Posted May 9, 2007 Author Report Share Posted May 9, 2007 That's really odd...the motion is dated the day after my case was dismissed, and it was dismissed without prejudice because they didn't show up at the first pretrial hearing that was scheduled. They had to know the case would be dismissed. I'm banking they realized their flub and filed a quick motion hoping the dates would somehow get lost in the shuffle? Or are they able to file motions after a case has been dismissed? Just doesn't make sense to me. Link to comment Share on other sites More sharing options...
cjtx Posted May 9, 2007 Report Share Posted May 9, 2007 Remember they file cases in bulk, so they were probably counting on you (and a bunch other defendants) not showing up to the pre-trial conference. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted May 9, 2007 Report Share Posted May 9, 2007 Send them a letter, with a copy to the judge, reminding them that the case was dismised and so this must be a mistake and they should confirm that in writing to you and the court. send teh letter certified so you know it gets there. Link to comment Share on other sites More sharing options...
Silver1 Posted May 9, 2007 Author Report Share Posted May 9, 2007 cjtx, Recovering...Thank you so much. I'll do just that. Thank you all for the sound advice you always give. What's weird is that they didn't even mail me my copies of the goofy motion for summary judgment until day before yesterday. The postmark on the envelope is dated day before yesterday. Sheesh, these scumbags. Link to comment Share on other sites More sharing options...
Silver1 Posted May 10, 2007 Author Report Share Posted May 10, 2007 Letters sent! Thanks everyone! Link to comment Share on other sites More sharing options...
IHateCAs Posted May 10, 2007 Report Share Posted May 10, 2007 I would call or email to get a faster response, but you already sent the letter so... Link to comment Share on other sites More sharing options...
IHateCAs Posted May 10, 2007 Report Share Posted May 10, 2007 Just goes to show how much these guys are on auto-pilot. Link to comment Share on other sites More sharing options...
Silver1 Posted May 11, 2007 Author Report Share Posted May 11, 2007 Agreed - I mean, they went to all the trouble to draw up the documents, sign, notarize, send copies regular mail and certified mail both to me and the court - and yet the case was already dismissed. Pfft! Link to comment Share on other sites More sharing options...
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