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MSJ Denied --- What if no one sets a trial date?


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I've been fighting Midland Funding in AZ since February. On June 30th, we had a hearing and the judge denied their Motion for Summary Judgment. He told us the next step was for both parties to "set for trial" and notify the court and the other party.

The plaintiff has not sent a 'set for trial' and neither have we. It's been almost two months now.

My question: What happens if neither party sets for trial. Then what? Does the judge automatically dismiss the matter after a certain time? Or does he make a judgment based on the evidence he has at hand?

Your help would be appreciated!

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I've been fighting Midland Funding in AZ since February. On June 30th, we had a hearing and the judge denied their Motion for Summary Judgment. He told us the next step was for both parties to "set for trial" and notify the court and the other party.

The plaintiff has not sent a 'set for trial' and neither have we. It's been almost two months now.

My question: What happens if neither party sets for trial. Then what? Does the judge automatically dismiss the matter after a certain time? Or does he make a judgment based on the evidence he has at hand?

Your help would be appreciated!

I don't know about AZ, but many jurisdictions allow judges to dismiss for a lack of prosecution. Basically, if nobody takes any steps, after a given time period, the judge can say "get this crap off of my docket." It will be a dismissal without prejudice, so you'll have to consider whether or not you think you can beat Midland outright to ensure that res judicata applies in the future.

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The judge will probably send out a notice that he's going to dismiss for lack of prosecution unless someone does something with X number of days (14 or 30). At that point they'll probably ask for a trial date.

With the JDB that sued me, they didn't do anything until they got the letter from the court that the court was going to dismiss the case. Seems that they have hundreds or thousands of cases, and they prioritize them by which ones have to be worked on first. So they wait until the last minute to do anything, knowing that the case isn't going away, and they're not in a hurry to get their money.

So, eventually you'll probably get a letter, I think.

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Your answers prompted me to look up Rule 41(B) which states pretty much what everyone has been saying. The judge could dismiss it at any time since the plaintiff has not continued 'prosecution' after the last hearing, i.e., by setting readiness for trial. But it is also likely that this particular judge would send out a notice beforehand to give the plaintiff time to respond. I have not doubt that we would prevail at a trial. These lawyers have been so unprepared and the have nothing to substantiate their claims.

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