Results of Case Management Hearing.

[ADSOFT]

Kind of in a rush so I'll make it brief, ... add more later.

Went to CSM and Plaintiff didn't show up. ????? What's up with that.

The Commisioner (That's what her name plate says, what is the diff. between judge and commisioner?) called in sick. A Clerk was going through the stuff.

We were supposed to be setting a trial date, but since I filed for a Bill of Particulars and only got a paper with an amount and account#, I asked for more time to do my discovery. They gave me 2mos, other lawyers were asking for 3 mos.

I will probobly be filing an MTD before next CSM.

[s8484]

I will probobly be filing an MTD before next CSM.

..... http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=301099

[FL4answer58]

Went to CSM and Plaintiff didn't show up. ????? What's up with that.

What did the Plaintiff give for reason???

Did you ask for dismissal 'due to lack of prosecution'?

What does your RCPs indicate on Plaintiffs failure to appear.

I think, It would not be hard to guess if you had failed to appear - default judgment - would have been ordered.

Motion to Dismiss the Complaint or, in the Alternative, For Summary Judgment

In Black v. Gramercy Advisors, LLC, 2007 WL 2164286 (Del. Ch., July 23, 2007), read opinion here, the Chancery Court in a short letter opinion rejects a motion for reargument on its decision to convert a Motion to Dismiss into a Motion for Summary Judgment ( thereby opening the door to allowing discovery before the motion is decided.) The court provides an instructive comparison between Rule 12( and Rule 56. Chancery Court Rule 12( expressly provides that where matters outside the pleadings are to be considered by the court (such as multiple affidavits and documents in this case), the motion shall be treated as a motion for summary jugment and disposed of as provided in Rule 56. Bottom line: Be careful what is attached to a Motion to Dismiss if you don't want it decided under the different standard of review in Rule 56.

Edited October 8, 2010 by FL4answer58

[ADSOFT]

What did the Plaintiff give for reason???

Did you ask for dismissal 'due to lack of prosecution'?

What does your RCPs indicate on Plaintiffs failure to appear.

I think, It would not be hard to guess if you had failed to appear - default judgment - would have been ordered.

Motion to Dismiss the Complaint or, in the Alternative, For Summary Judgment

In Black v. Gramercy Advisors, LLC, 2007 WL 2164286 (Del. Ch., July 23, 2007), read opinion here, the Chancery Court in a short letter opinion rejects a motion for reargument on its decision to convert a Motion to Dismiss into a Motion for Summary Judgment ( thereby opening the door to allowing discovery before the motion is decided.) The court provides an instructive comparison between Rule 12( and Rule 56. Chancery Court Rule 12( expressly provides that where matters outside the pleadings are to be considered by the court (such as multiple affidavits and documents in this case), the motion shall be treated as a motion for summary jugment and disposed of as provided in Rule 56. Bottom line: Be careful what is attached to a Motion to Dismiss if you don't want it decided under the different standard of review in Rule 56.

I don't think I can ask for a motion to dismiss at a case managment hearing?

... or can you?

[FL4answer58]

I don't think I can ask for a motion to dismiss at a case managment hearing?

... or can you?

If they don't have a case ...file a motion for summary judgment.

[Massive]

I don't think I can ask for a motion to dismiss at a case managment hearing?

... or can you?

You should have requested a dismissal indeed.