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OSC 'WHY CASE SHOULD NOT BE DISMISSED'


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Sorry for so many questions but I notice on the courts roster that there are hearings (a whole bunch of them) with that title. 'OSC - Why case should not be dismissed'.

What sort or hearing is that and is that something the Plaintiff lawyers are filing on people? Trying to get a MSJ on everyone before trial and then you have to file a 'why case should not be dismissed' hearing form??? Looks like Capital One is big on that and so is Chase and several others. I haven'st seen that mentioned here since I have been around. Or is that something the defendants are filing and the plaintiffs are the ones moving for a court trial on why the case shouldn't be dismissed???

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The plaintiff is required to serve the defendant within a specified time after filing the complaint. Often the plaintiff does so but does not file a proof of service with the Court. Other times, the plaintiff does not serve the defendant (because the defendant can't be found or for other reasons). The Court has a tickler system and will issue the OSC if a proof of service has not been timely filed.

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