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Motion to compel

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I have filed a motion to compel discovery in a suit brought against me by Cap One

Cap ones attorney sent me their opposition to my motion but has not filed it with the court. I can see this on the court clerks web page. The motion is due to be decided on ex parte tomorrow at some point.

When I got their opposition, I immediately prepared a response to their opposition and filed it with the court and the attorney CMRRR. It has been filed with the court.

Reading the local rules of Civil Procedure it states "Failure to serve a memorandum contra to the motion may be grounds to grant the motion as served". Does this mean that my motion will be granted if they haven't properly filed their opposition with the court??????

Will the judge even look at my response to their opposition if he doesn't have their opposition???? Or will he think well, she has prepared this response to their opposition so there was some sort of memorandum served??

I am really curious. I can't believe that they didn't file their memorandum in opposition with the court.

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Is it possible that the clerk's page hasn't been updated yet? Perhaps you could call them and see if they have filed.

I wish I could, but they are closed today.......columbus day!!!

I thought about calling them.

The clerks page usually updates pretty accurately. It updated within 2 days of me sending my motion and my response to their opposition.

I got their opposition 9/29. Sent my response 10/1 and it was filed 10/3.

I have been looking at the clerks page every day. My other case has also been updated in this time period!!!

I would have thought their opposition would be filed before my response to their opposition.

I am thinking it would be a big boo boo on their part if they didn't file their opposition with the court.

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There are many reasons why a document might not be filed (or might actually be filed and not on the website). If you have received it and have had an opportunity to respond, you can't claim you were prejudiced. However, if the COURT has not received an opposition, you will not need to say anything. The Judge will bring it up first thing at the hearing.

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There is no hearing. It is exparte. In the local (county) rules it says all motions will be heard without oral hearing unless it is requested. or motions occur in the process of a hearing or trial.

It is on the schedule as 12:00AM 10/14........which is midnight.

I have not recieved any notice of a hearing. If I could show up I would, but I have no idea when the judge is going to decide on it

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