salmmmus Posted September 24, 2010 Report Share Posted September 24, 2010 ohio. civil credit case. Judge gave the plaintiff the motion for summary judgement. The plaintiff later requested a 60 day extension to file summary judgement and got it. However, they missed the deadline to file it. the last note the court has on file is the extension request 70+ days ago. So it has been 70+ days and they had 60. My deadline to respond was tomorrow, but i have nothing to respond to.what should i do at this point.am i still required to respond to nothing saying i got nothing?do i file a motion?is judge waiting for me to do something? Link to comment Share on other sites More sharing options...
BoscoMama Posted September 24, 2010 Report Share Posted September 24, 2010 Search Ohio' statutes and civil procedures to see if enough time has elapsed for you to file a motion to dismiss based on lack of prosecution. Why is there a delay in the MSJ? Link to comment Share on other sites More sharing options...
salmmmus Posted September 24, 2010 Author Report Share Posted September 24, 2010 Are you asking me why or just making a reference? Link to comment Share on other sites More sharing options...
BoscoMama Posted September 25, 2010 Report Share Posted September 25, 2010 Yes, why is the court delaying the MSJ? Link to comment Share on other sites More sharing options...
salmmmus Posted September 27, 2010 Author Report Share Posted September 27, 2010 The court is not delaying it. The plaintiff never filed it. Link to comment Share on other sites More sharing options...
RebelLady Posted September 27, 2010 Report Share Posted September 27, 2010 ohio. civil credit case. Judge gave the plaintiff the motion for summary judgement. The plaintiff later requested a 60 day extension to file summary judgement and got it. However, they missed the deadline to file it. the last note the court has on file is the extension request 70+ days ago. So it has been 70+ days and they had 60. My deadline to respond was tomorrow, but i have nothing to respond to.what should i do at this point.am i still required to respond to nothing saying i got nothing?do i file a motion?is judge waiting for me to do something?What does that (in bold) mean exactly? Did the judge grant the plaintiff's Motion for Summary Judgment? If so, why did they request a 60-day extension to file their MSJ? RL Link to comment Share on other sites More sharing options...
salmmmus Posted September 27, 2010 Author Report Share Posted September 27, 2010 judge granted motion for summary judgement.plaintiff had i think 14 days to file it.plaintiff requested extension of 60 days to file it.judge granted 60 day extension to file summary judgement.plaintiff did not file summary jughement and has been 10+ days past due date. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted September 27, 2010 Report Share Posted September 27, 2010 yeah i'm lost as to what is going on where you are. summary judgment granted and then an extension to file it? either your confusing the terminology or the rules in the court you are being sued in are strange to most of us. Link to comment Share on other sites More sharing options...
salmmmus Posted September 27, 2010 Author Report Share Posted September 27, 2010 what is strange so i can answer you. thanks. Link to comment Share on other sites More sharing options...
salmmmus Posted September 27, 2010 Author Report Share Posted September 27, 2010 the grant for summary judgement was just granting the motion.the court has not received the summary judgement itself. neither have i.they didn't go through with it. (yet)(but 10+ days overdue)hope this helps.thank you all. Link to comment Share on other sites More sharing options...
RebelLady Posted September 27, 2010 Report Share Posted September 27, 2010 RULE 56. Summary Judgment(A) For party seeking affirmative relief. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in the party’s favor as to all or any part of the claim, counterclaim, cross-claim, or declaratory judgment action. A party may move for summary judgment at any time after the expiration of the time permitted under these rules for a responsive motion or pleading by the adverse party, or after service of a motion for summary judgment by the adverse party. If the action has been set for pretrial or trial, a motion for summary judgment may be made only with leave of court.I have to assume this is what the Plaintiff did...still not sure though. I think possibly the terminology being used is a bit confusing to most of us.RL Link to comment Share on other sites More sharing options...
salmmmus Posted September 27, 2010 Author Report Share Posted September 27, 2010 in english, what do you think they are doing? thanks. Link to comment Share on other sites More sharing options...
RebelLady Posted September 27, 2010 Report Share Posted September 27, 2010 It appears they have asked leave of court (permission) to file a Motion for Summary Judgment. The court gave them 60 days to file their Motion and gave you the required 14 days to respond. Ohio's Rules of Court don't actually specify what you're supposed to do if they don't file their Motion but you're certainly correct. Its difficult for you to respond when they don't file anything for you to respond to!(2) Other responses and motions. A party served with a pleading stating a cross-claim against him shall serve an answer thereto within twenty-eight days after the service upon him. The plaintiff shall serve his reply to a counterclaim in the answer within twenty-eight days after service of the answer or, if a reply is ordered by the court, within twenty-eight days after service of the order, unless the order otherwise directs. The service of a motion permitted under this rule alters these periods of time as follows, unless a different time is fixed by order of the court: (a) if the court denies the motion, a responsive pleading, delayed because of service of the motion, shall be served within fourteen days after notice of the court's action; ( if the court grants a motion, a responsive pleading, delayed because of service of the motion, shall be served within fourteen days after service of the pleading which complies with the court's order.Be careful not to depend too much on the court updating their website. They may have filed their Motion and it just hasn't showed up on the website because the website hasn't been updated yet.RL Link to comment Share on other sites More sharing options...
salmmmus Posted September 27, 2010 Author Report Share Posted September 27, 2010 the motion for extension of time to file summary judgement said nothing about leave of court. It was just an extension unless you know something I don't. Also, the court update is 100% accurate. I personally talked to clerk of courts. Nothing has been filed. Link to comment Share on other sites More sharing options...
salmmmus Posted September 27, 2010 Author Report Share Posted September 27, 2010 i guess the bottom line is what can i expect. Link to comment Share on other sites More sharing options...
salmmmus Posted September 27, 2010 Author Report Share Posted September 27, 2010 can i submit anything? Link to comment Share on other sites More sharing options...
BoscoMama Posted September 27, 2010 Report Share Posted September 27, 2010 Check Ohio's RCPs and file a motion to dismiss based on lack of prosecution. Ask for dismiss with prejudice.Good Luck!!!!! Link to comment Share on other sites More sharing options...
salmmmus Posted October 4, 2010 Author Report Share Posted October 4, 2010 Would motion to dimidd for lack of prosecution really work? I've read that the judge usually sees they missed deadline but they still can submit whenever the feel like it and judge ok's that. anyhow they filed it 2-3 weeks after deadline. Link to comment Share on other sites More sharing options...
BoscoMama Posted October 4, 2010 Report Share Posted October 4, 2010 It depends on the RCP for Ohio. How long is it? For Florida, I believe it is 6 months. Link to comment Share on other sites More sharing options...
salmmmus Posted October 4, 2010 Author Report Share Posted October 4, 2010 ohio is 12 months, but it hasn't been even close (probably 6 months,) especially since the response was only 2-3 weeks late. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted October 4, 2010 Report Share Posted October 4, 2010 it's really going to depend on how strict this judge's deadlines are. out by me the judges are pretty lenient if they give you 60 days to do something and you do it in 80 days it would most likely not be a very big deal. Link to comment Share on other sites More sharing options...
Florida Wreck Posted October 6, 2010 Report Share Posted October 6, 2010 If you file a MTD, they might bring this back up to the front burner, too. Where I live in Florida they have 12 months to prosecute. The court finally sent it's own MTD after 15 months with nothing happening. So Cap1 did file something at that point and the judge accepted it. I've objected but have zero expectations of it. Link to comment Share on other sites More sharing options...
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