I think I'm pretty happy right now....but

[JLoh1970]

Maybe I am sad.

Here is the deal. I got the plaintiff's motion to dismiss my counter claim and was worried the judge would just dismiss it ASAP because I am pro se, etc. Even though their reason it should be dismissed was lame. So I prepare a response and take it down to court. The clerk tells me the case file is in the judge’s chambers, but I could leave the stuff and she would file it.

So I get home and check the court computer:

03/13/2008 DISMISSAL ENTRY - DEFENDANTS MOTION TO DISMISS IS SUSTAINED. COMPLAINT HEREIN FILED IS DISMISSED W/PREJUDICE. JUDGE HERBERT 0.00 0.00

03/12/2008 REPLY TO COUNTERCLAIM 0.00 0.00

03/12/2008 PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM 0.00 0.00

03/07/2008 HEARING SCHEDULED, NOTICES SENT Event: PRE TRIAL Date:

04/11/2008 Time: 9:00 am Judge: HERBERT, PAUL M Location: 13B LOCATED ON THE 13TH FLOOR 0.00 0.00

02/20/2008 COUNTERCLAIM (FEE PD) 0.00 0.00

02/20/2008 MTN TO DISMISS COMPLAINT W/PREJ

02/20/2008 COUNTER CLAIM Receipt: 8631733 Date: 02/20/2008 20.00 0.00

01/15/2008 HEARING SCHEDULED, NOTICES SENT Event: PRE TRIAL Date:

03/07/2008 Time: 9:00 am Judge: HERBERT, PAUL M Location: 13B LOCATED ON THE 13TH FLOOR 0.00 0.00

01/14/2008 CASE ASSIGNED TO JUDGE 0.00 0.00

01/10/2008 ANSWER FILED 0.00 0.00

So I see the dismissal entry today and I start thinking…..DAMN IT he dismissed my counter claim, didn't even wait a day to do it. But looking closer, it says Defendants motion to dismiss is sustained. I'm the defendant and I'm the one that filed a motion to dismiss with /PREJ, plaintiff’s motion didn't request prej......THAT'S PROBABLY MINE

So it looks like the judge was actually ruling on MY motion to dismiss, not theirs. Otherwise the entry should be plaintiff’s motion to dismiss defendants counter claim sustained, right? SWEEEEEET! :D:D:D:D:D:D

Still though, I want to see the entry because in the back of my mind I am thinking, he's talking about the plaintiff's motion and the entry just got messed up.

Well, I go have a look at the file tomorrow to find out for sure.

Looks my counter claim still stands so far too.