arbitration or motion for SJ?

[ruttie]

I received a letter from the courts saying that an arbitrator has been assigned to my case on or before 120 days. The next day, I receive packet from plaintiff attorney requesting MSJ. M to compel, affidavit in support thereof/order, also statement of costs & notice of taxation of costs., affidavit in support of attorney fees.

I think I pissed off the plaintiff attorney, by answering the interrogatories, in not a way he would have liked. small story short, I retained BK attorney, they said do not respond to plaintiff attorney or make any contact, they would contact them with the bk retainment issue. I never sent in my admissions, because I still was under my days allowed & the bk lawyer said to let it go, do not send them in, that they would take care of it.

Now what can I expect. I haven;t heard anything from bk lawyer, if they did tell plaintiffs attorney, wouldn't palintiffs attorney have either put a temporary halt on things, or would they proceed as usual.

They filed for an arbitration hearing date, got it scheduled, they went in for the MSJ, can they do this after requesting the arb. hearing?

I am assuming that this will all go away with the Bk 7, which my attorney said would, but I may not be able to actually file until 3-11.

can they still go in for the kill before I actually file, & how long would it take to get SJ, &how long until it would take effect?

[willingtocope]

First, realize that "court ordered arbitration" is a different animal than the "arbitration in the CC contact" that's widely discussed on the board here.

Court ordered is just like the judge was hearing the case himself...all the rules of the court apply...discivery, witnesses, etc.

CC contract arbitration has their own rules which may or may not have anything to do with the law.

The MSJ goes to the court arbitrator who could rule on it just like the judge would. If you don;t show up, they'll get their judgement...but...it will go away in the BK (assuming its a BK 7).

[Guest usctrojanalum]

I haven;t heard anything from bk lawyer, if they did tell plaintiffs attorney, wouldn't palintiffs attorney have either put a temporary halt on things, or would they proceed as usual.

Proceed as usual.

They filed for an arbitration hearing date, got it scheduled, they went in for the MSJ, can they do this after requesting the arb. hearing?

Yes.

can they still go in for the kill before I actually file, & how long would it take to get SJ, &how long until it would take effect?

Yes, and it really depends on how fast the Court you are being sued in issues decisions.