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An update on my (dismissed) Cap 1 case and a few questions


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My case history can be found here.

 

I'm also including a screen capture of my case summary from the court's website, in the off-chance that it might be helpful.

 

After I answered the complaint and sent my Discovery questions to the plaintiff, the plaintiff filed a MSJ.  I, in turn, filed a MOSJ (primarily attacking the business records affidavit), however the judge never ruled on either one of these motions.  Is this normal?

 

The pre-trial conference was last Friday, December 7th.  I appeared, however the plaintiff’s attorney did not.  The judge called me to the front, realized the plaintiff’s attorney wasn’t present, but didn’t seem concerned about it.  She then asked me if I was ready to go to trial which was scheduled for December 17th (ten days later).  I told her that my daughter is graduating from college on the 15th and if possible, I would like to re-schedule for the following Friday or any time thereafter.  At this time, the lady standing next to the judge (I think she was the court coordinator) said to the judge, “Do you just want to dismiss since the plaintiff’s attorney isn’t here?”  I could have jumped up and kissed her right there.  I’m sure I should have known well enough to ask the same question of the judge but of course I was a bundle of nerves and just assumed if the case could have been dismissed due to the plaintiff’s attorney not showing up, she would have done so.  Apparently not.  Anyway, while the judge was deliberating whether or not she wanted to dismiss the case, the court coordinator then said, “I told everybody to be here”.  Again, the judge sort of hemmed and hawed but then said that she would dismiss the case “for now” but that chances were the plaintiff would simply file for re-instatement.  She then said that once they do that, she would then rule as to whether or not to grant their re-instatement and that if they had  “good reason” for not appearing at the pre-trial conference, she would grant it.  I asked the judge how long the plaintiff had to file for re-instatement and she said they had 30 days to file and then she had another 30 days to rule on it.  It was obvious that this judge was not going to do me any favors.  I thanked her and turned to leave and as I was walking out of the court room I heard the judge say to the court coordinator that she knew the reason the plaintiff’s attorney didn’t show up was due to the “pending” MSJ that she never ruled on.  I have several questions about this.  First, since the deadline for the MSJ/MOSJ had passed by that time (November 30th was when it was supposed to have been ruled on) was it actually still “pending”?  And secondly, whether it was or wasn’t, would that be a “good (enough) reason” for the judge to grant a re-instatement of the case if they filed for it?

 

Then yesterday, I was on the court’s website checking the status of my case and saw that apparently the plaintiff filed a Notice of Non-suit on the same day of the pre-trial conference.  Per the court website, it says “closes case” after this Notice of Non-suit, however this order is unsigned by the judge, I’m assuming because she had already dismissed the case earlier that day.  What do you make of the plaintiff filing the Notice of Non-suit?  Do you think this is simply a strategy to buy them more time?  I’m not sure how much longer I have before the SOL runs out but I think it’s pretty close.  Can I breathe easy yet or no?  Could they possibly be folding for good despite the alleged debt of over $10K?  Also, does anybody know what Rule Card means (as seen on the case summary screen capture)? 

 

Any other thoughts or comments are appreciated.  For now I’m just grateful for a delay in going to trial (if there even is a trial), as now I can focus on my daughter’s graduation and the holidays.

 

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I blieve you want to make sure you get the judges signature, and find out if it is with or without prejudice...You may want to file against the Plaintiff depending on where your case was at to get it dismissed with prejudice should it be more than likely the ruling of without prejudice.  I believe Rule Card is reference of how the court will articulate the rule to the Non Suit filing

 

 

 

 

When someone brings a suit against another person or entity, they can file a Notice of Non-Suit. That is, they can dismiss their own case. A Notice of Non-Suit says that the plaintiff prefers not to pursue the cause any further. An order granting the plantiffs motion for nonsuit is signed by the judge saying that the judge received the order of Nonsuit and will dismiss the case without prejudice.

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