How long between Discovery & Pre Trial or MSJ?

[gusto]

Just had a quick question.... Cap One and I have exchanged our first discovery requests and repsonses. How long should I expect before a Pre Trial date is set or the Plaintiff files a MSJ???

I am preparing a Motion to Compel Arbitration and considering possibly submitting objections to the Plaintiff's discovery responses.

[donqII]

Just had a quick question.... Cap One and I have exchanged our first discovery requests and repsonses. How long should I expect before a Pre Trial date is set or the Plaintiff files a MSJ???

I am preparing a Motion to Compel Arbitration and considering possibly submitting objections to the Plaintiff's discovery responses.

For me, they requested discovery of me, and when I sent my reply to them I sent my requests to them.

They answered me by Motioning the court for a judgment hearing.

Never did get their answer....

This was not Cap 1 ... It was an OC, and I countered their move with a MTC private arbitration.

Every court and every OC/JDB will be different.

[fightemdontfold]

There really is no set timetable it seems for them to act, from my experiance I can tell you this.

What I can tell you is that if at no time since filing your anwser or after you sent them anwsers to their discovery requests have they moved to act via MSJ then you may have reached the end of the road with them. They try to get the default, then assuming the anwser was filed correctly they will send you discovery requests hoping you mess those up somehow. If you don't, I have read many JDB's will give up right then and there, but that is not always the case.

You can feel good however in knowing that their decision thus far to not file for a MSJ means you have done everything ok thus far. How long has it been since you sent them the anwsers to the discovery?? What if anything did they send you back in discovery?? That could provide further insight to where you are at.

One thing is for sure, these idiots seem not the types to take action to dismiss a dormant case on their own, they will just let it sit there if you take no action even if they know they have no case. Depending on what they have sent you back and what the timeline is, you might instead of filing for arbitration, look to resolve it in your favor in that court via a MTD or a MSJ.

I waited 2 months for anwsers to my discovery requests, and even then the idiots provided nothing, no documentation of anything. I filed an anwser about 4 months ago and it has been almost a month since I tried to get the case dismissed (they just beat the deadline to respond to a court order to anwser discovery) and I have heard nothing since the hearing. They are still claiming they are searching for evidence requested.

Like the previous poster said it just depends on courts I guess, but you need to take action if you want it resolved, these courts seem not to care how long things sit dormant and the JDB's are perfectly ok with letting cases that are going to be more trouble for them than average ones sit dormant while they go get more scalps on defaults.

I guess to sum it up, if they haven't provided substantial proof in the discovery, then act to resolve the case in your favor based on what is lacking. Something is probably lacking if they haven't moved for a MSJ, again I don't know how much time has passed. If you think they have enough to win, then you might go for arbitration if you are eligible.

[gusto]

Both Cap One and I have already sent discovery requests and responses. Cap One even provided a copy of the original signed agreement from 2001, credit statements from Nov 08 to Sept 09, a facsimile report from Sept 09 and copies of the agreement.

I just received my discovery request from Cap One about a week ago. I expect that they will file a MSJ any day now. I do not know if there is anything I can do in the court right now that would help me out. The judge in this case will more than likely grant them a judgement based on what they provided, though I don't think they've provided enough documentation of the debt owed. The oldest statement they sent was from Nov 08 when the balance was already at about $2,000. I think if I made this my only defense Cap One would just motion to continue and come up with it.

Arbitration is my last resort.

[fightemdontfold]

A JDB that can produce all of that is very rare. Not sure if you could dispute it not being an original, but the fact that they have a copy of the signed agreement is really a strike against you. I would read the agreement and see if arbitration is a option. I know little about it but I do know it can be expensive for the JDB to pursue, especially with your balance being so low that would make it more likely they would not pursue arbitration as it would cost them more than 2,000.

The arbitration option would be played on the percentages, if they come after you in arbitration and they have all that evidence then they will win there, I guess you would just hope that they would not elect to pay that much to go into arbitration.

What JDB is suing you, you have a right to feel unlucky, especially with it being from 2001, the fact that they produced a signed agreement is almost unheard of.

I too think they should have to provide a complete accounting not just a last statement, but especially with all the other stuff you claim they have, they will probably have enough to win if it goes to trial.

[Chapel Hill]

Do they have it against the ropes Figthem? Doesn't Gusto still have a chance to prevail? In California that they have the documents mentioned in the above posts simply means someone has access to a laser printer, no more, no less. Gusto would still be able to prevail provided he mounted a competent defense based on his excellent discovery. Spefically the questions he asked with the deposed the wits from the other side.