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summary judgement issuance deadline missed by plaintiff


salmmmus
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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?

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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

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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.

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Guest usctrojanalum

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.

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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

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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; (B) 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

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Guest usctrojanalum

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.

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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.

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