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Motion for Additional Time to Produce Documents?


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CACV is trying to confirm an arbitration award against me. They've not attached a contract to their petition or any other evidence except a copy of an arbitration award, which I'm going to claim is hearsay.

I've filed my Answers, Affirmative Defenses, and Motion for Production of Documents. Their 30 days to produce those documents is up tomorrow. They've not objected to my request for the documents. But now, they've filed a motion for an additional 30 days to produce those documents. They've stated no reason why they need an additional 30 days.

I'm filing a motion to object to an extension of time, claiming that it won't give me adequate time to review the documents in defense of my case before the trial. I'm also stating that they've had more than adequate time to produce the documents.

Any ideas on why they'd file this motion? Is it likely that they don't have the documents?

I'm also going to file a motion for dismissal this week...based on the lack of documents and the fact that they were required to file a copy of the contract with the clerk upon application for the confirmation of an arbitration award as per the Federal Arbitration Act and other things.

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Although a Judge is likely to allow more time, one arguement may work for you. How in the world if they do not have a contract did they get an arbitration award? They would need the contract to know they could seek arbitration and prove that the aribitration was proper.

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The judge will probably allow.

Yes.

I hope you're right. I'm sure I will win the case if they can't come up with a contract. I'm concerned though that they will provide a fake one--as CACV is known for such dirty tricks. :-)

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Although a Judge is likely to allow more time, one arguement may work for you. How in the world if they do not have a contract did they get an arbitration award? They would need the contract to know they could seek arbitration and prove that the aribitration was proper.

Yes, I'm arguing that in my case--and I'm very hopeful that they have no contract and no proof. The FAA requires a contract--and requires that the contract be submitted to the court clerk upon application for the Confirmation of an Arbitration Award. They submitted nothing exept the arbitration award. I think that I can get the case dismissed on that alone.

They got this arbitration award against me 3 years ago (I'm also arguing that the 1-year statute of limitations specified in the FAA is past). I didn't participate in it so I don't know what they submitted to the NAF in the way of evidence--if anything.

I think I'll wait and see if the judge gives them 30 additional days before I file my dismissal. If he doesn't, I can add their failure to produce the documents to my dismissal motion.

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  • 2 months later...
Although a Judge is likely to allow more time, one arguement may work for you. How in the world if they do not have a contract did they get an arbitration award? They would need the contract to know they could seek arbitration and prove that the aribitration was proper.

Well, 4 months have passed since they filed suit, and they waited until 2 weeks before trial to send me a contract. Of course my defense wasn't based on there being a contract--as they'd not provided one. I've filed a motion to strike it and a motion to compel production of documents and to amend my answers/affirmative defenses. We'll see what happens next.

Oh, BTW, the contract is not genuine. They've also filed a bunch of bogus affidavits.

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