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Should I do a MTD?


scardKaren
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I'm coming up on 30 days sense I did my OSJ and my MCA. My MCA gives plaintiff 30 days to drop the case. What I've been told (by the court clerk) both my motions, the plaintiffs MSJ, and request for a trail has been sitting on the judges desk for 3 weeks now. At first I figured he was thinking it over, but when I called today... I don't know there was just something in the clerks voice... Like the judge is waiting for something. Unlike others, I don't get the impression the local court (or the attys I've talked to) cares much for this law firm. They are in state but 450 miles away, and show up to court via phone.

Anyway would a MTD be out of line?

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What's MCA?

Do you have anything coming up on the court calendar?

motion to compel arbitration.

After I filed my MCA, the paintiff's Atty called saying I had to right to arbitration. But they wanted it to go to trial to make sure I knew I had to pay the filing fees. Okay, whatever. From hearing him talk I expected a call later that day with the date and time... 3 weeks later still nothing. their 30 days is up next Wed.

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MCA -- you filed this? why? (just curious)

How strong is their case? in your opinion

I filed it to stop a SJ.

It's crap1. They filed a MSJ. Filed it with me before they filed it with the court. My OSJ, and MCA reached the court before their MSJ. Once they got my MCA, they agreed I had the right to arbitration and asked the judge for the trial.

My timing should have been off and they might have gotten a SJ. It seems that once they have asked for SJ it too late for arb, Most of the time anyway.

I have no clue why the judge is taking so long.

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My MCA gives plaintiff 30 days to drop the case.

If this is a unilateral demand by you in your motion for 30 days then there is no reason for the judge to honor this demand.

What do your Rules say about time limits for answering motions? And, I had a judge include in her order for a continuance for the plaintiff that she would hear all motions at the upcoming trial, which was a few months away.

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The op said that it's crap1 which I take to mean Capital One. They have submitted account statements and an affidavit. It would depend upon how many statements were submitted and who the affiant is as to whether they have "crap".

What are the details of the SJ and how did you object to these?

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I filed it to stop a SJ.

It's crap1. They filed a MSJ. Filed it with me before they filed it with the court. My OSJ, and MCA reached the court before their MSJ. Once they got my MCA, they agreed I had the right to arbitration and asked the judge for the trial.

My timing should have been off and they might have gotten a SJ. It seems that once they have asked for SJ it too late for arb, Most of the time anyway.

I have no clue why the judge is taking so long.

They will file a Motion to Stay , let us know if they request a time limit on the Stay ? On mine they put a 60 day time limit , if I do not initiate with in the 60 days the Stay will be lifted . Cap1 will come up with all statements , signed cards so I went for arbitration also . but I objected to the 60 day limit .

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