tangle

Received MSJ NY more help needed

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At court tomorrow for the MSJ. Just noticed that No Oral Argument was on the MSJ. From what I've read, I should get 30 minutes to talk. Anyone been through this and know anything that will help me?

Please don't force me to start a new thread...

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So I went to court today. They called my name second and when I stood up the judge said that I hadn't opposed the motion. I told him that I had and that I filed it last week. He asked me where and when I told him, he said I had done the right thing. They had told the plaintiff's lawyer that I hadn't opposed and told them not to come. (The lawyer's received my opposition last Monday) Anyway, they took down my contact information and then postponed it until September. So anyways, a little more time to study up and get more organized.

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No oral argument on these, motions are done on a submit calendar unless the judge specifically requests oral argument. The papers get submitted you will get your decision in the mail in 30-90 days

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I just found a copy of an Affidavit of Facts with the same person (Shannon McClellan) with a different signature that was notorized!!!! Can I attached it to my opposition to MSJ?

This is great, how did you manage to find this? google search? I hope i'm as lucky!

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So here's how court went this morning. We were waiting in the court room and I was looking around trying to figure out which was the plaintiff's lawyer. Just before the judge came in a lawyer came in and sat a few seats down from us and I could see the law firms name on the folder he had. The judge came in and and called through the list to see who was there. He called our case and we both stood up. The lawyer sat back down and pulled out the papers and started reading them. I was watching him and when he got to my opposition I could see his expression start to sink. He looked mad. When we were called up the judge asked our names and he tried joked with the judge how he was there for the law firm for a couple days of cases. One of the things I had brought up in opposition was the fact that the signature on the affiants affadavit was different from ones I had found online from other cases for the same person. They were obviously different. I had attached them. He proceeded to tell the judge he didn't think the signatures were too different and then he went on to say that I never questioned whether the account was mine or not. Then the judge went on to say that it was the plaintiff's job to prove that and that there was no way for me to know and make that assumption because there was too much missing in their evidence. He then took out some papers and he had made a bench decision before court and handed us his decision to not grant their MSJ. He then asked if a conference would help and I said only if he has a signed contract. The judge smiled and said OK. The lawyer flew out of the courtroom and I smiled my way out also. I didn't have to say a word. I'm not sure what happens now because this judge said that if any of today's case had issue that the trial would be in 2 weeks.

Thank you again to all that have helped me through this

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It's been almost 18 months since I defeated the MSJ in my case.  This week I got a call from the judge's clerk that they needed to schedule a pretrial conference for next Wednesday, March 5, over the telephone.  She said she would be sending me a confirmation letter.  I finally received it and it says I need to submit all pleadings to the court before the conference.  It also says I can send in a summary of the case if I want to.  My understanding of pleadings is anything that I've already filed with the court (answer to summons and opposition to MSJ)?  Am I right in this? Not sure why I need to resend this when they already have it?  Any clue of how I would summarize the case?  I'm hoping I can submit these electronically.  She told me the phone conference wouldn't be more than 15 minutes.  I don't want to say anything wrong.  Reading up on the judge (who seemed very fair at the MSJ hearing), they say he is known for encouraging settlement.  I don't want to get on his wrong side but I don't want to settle either, especially since they have nothing and the judge recognized this and told the rent a lawyer that at the hearing.  I'm not good with speaking and thinking fast when in this type of situation.  I'm just really nervous and need some pointers of what I should say and what I shouldn't say during this phone call. 

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I just found out at the end of last week that my preliminary conference is finally here and will be by telephone Wednesday morning.  Before that, I need to send a copy of all pleadings to the court. It says I may also submit a short description of the facts and the parties contention.  I'm just not sure exactly what they want when they say pleadings and in what form that should be.  I only have until tomorrow night to work on this so I can get it to the court Tuesday morning.  I've been searching all weekend and just can't find anything helpful for this. 

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