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First JAMS Phone Conference


plantman81
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For all records I’m in the state of Wisconsin.

I just had my first JAMS phone conference with the arbitrator and the attorney from Kohn Law Firm who is representing Discover.

 

Debt is ~$4000, defaulted in late summer 2011.

In short, I am feeling really down about this and think it’s not going well at all.  The first thing the arbitrator asked me is “in one sentence please describe your claim against Discover”.  Well, since I know I owe them the money, and they haven’t violated anything (except maybe the WCA by implying litigation if I didn’t commence arbitration within 30 days after electing it) – I basically didn’t have much to say other than I will be requesting a production of documents and interrogatories from them to substantiate that I owe them what they say I do.

The attorney from Kohn Law Firm told the arbitrator he has everything needed to prove I owe the money and that this is a cut and dry case of me defaulting on my debt.  He said he’s like to file the equivalent motion to summary judgement and get this resolved ASAP and NOT go to hearing. 

After that the arbitrator tentatively allowed 30 days for documents, 30 days for depositions (if needed) and will send out notice that the hearing will be sometime in the end of June (if even needed).  From the arbitrator’s tone, it sounded like this thing is in fact going to be thrown out in motion before the hearing.

The arbitrator said I will be getting more information via email.

I did ask if Kohn Law Firm is aware they are responsible for all costs and fees applying to this arbitration as per the JAMS consumer arbitration rules and Wisconsin Consumer Act.  He acknowledged he is.

I also brought up how they implied litigation after I elected arbitration and that this is a violation of the Wisconsin Consumer Act.  He didn’t really have anything to say to that.

The attorney basically ended saying he has all the documents necessary, gave me a list of what those documents are and that this is a cut and dry case.

Now, please any advice on where to go from here?  I printed out some sample discovery documents (production of documents, interrogatories and admissions), but it doesn’t sound like the arbitrator will make them answer all these?

Is it over for me?

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Nope, not over.

 

It allows you to get better.

 

You only got an introduction to opponent's demeanors and intentions. It was just a starting point, long way from the finish line. 

 

After the first call, I adjusted many things including the fact that I would not allow my opponent to talk more than me.

 

I know after I got off the first call I had a headache because of all the noise my opponent made. I wasn't going to have that again!

 

In order to improve you must evaluate your performance. Sit down and honestly write you were weakness and strengths during the argument /call. You will get to clearly see what needs more work.

 

Remind yourself the call was just a practice run, don't get stuck in the mistakes you made today, improve upon them and you'll see the difference.

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You'll receive an email order. It should indicate the timeline for discovery and everything else. Tenative hearing date and stuff like that.

 

I always follow what arbitrator said during the phone conversation, your opponent may need something else but it's arbitrator's word I follow .

 

Don't be bashfull if you don't understand something ask during the call, if you missed and don't undersatnd something email CM and ask for clarification, it's better be safe than sorry.

 

So did arbitrator order you to send discovery by a certain timeline ? If so I would file it on the last date and before 5:00 PM copy CM by email. Always send a copy to CM to save yourself if opponent said you didn't send something.

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I just received this via email.  It's titled "ORDER #1".  I'll paste snippets and my questions are in red.

3. JAMS Rule 9.  Notice of Claims.
     a. XXXXXXXXX will file his response to Discover's Counterclaim no later than April 9, 2013.

Question: What are they talking about here?

4. JAMS Rule 17a.  Exchange of Information
     a. Compliance with this rule will be done in two phases.
     b. Both parties will review Rule 17a and initially comply no later than April 19, 2013.  This will include production of both
          i. Copies of all documents in their possession or control on which they rely in support of their positions; and
          ii. Names of individuals whom they may call as witnesses at the Hearing.

Question: Is this where I send Kohn Law Firm the interrogatories, production of document requests and admissions??
Question: Who am I looking to call at the hearing?  Discover litigation specialist?  ETC?

     c. In the event there is any dispute as to complete compliance with this Rule, the parties will bring it to the attention of the Arbitrator no later than April 29, 2013.

Question: What's some good tactics for disputes?

     d. After reviewing the other side's production, the parties will have an opportunity to supplement their Exchange of Information no later than May 13, 2013.

Question: Good tactics/ideas for this?

5. JAMS Rule 17b.  Exchange of Information.
     a. Each party will be entitled to one deposition.
     b. All depositions will be completed no later than June 7, 2013.

Question: I thought a deposition is a out of court testimony where I can interrogate them?  How do I complete this?

6. JAMS Rule 18.  Summary Disposition of a Claim or Defense.
     a. Each party may file a motion for summary disposition.
     b. Upon filing, the Arbitrator will set an appropriate briefing schedule.
     c. Such schedule will take into account, if appropriate, whether the exchange of information needs to be completed before deciding the motion.

Question: Sounds like summary judgement to me!  This is what the attorney was hinting at today.  Per JAMS consumer rules, aren't I entitled to an in person hearing??  How do I halt this?

8.  JAMS Rule 22.  The Arbitration Hearing
     a. The hearing in this matter will be conducted on June 28, 2013.
     b. The Arbitration Clause in this matter provides that the hearing will be conducted in the federal judicial district where the claimant lives.
     c. The Arbitrator will conduct a conference call on May 14, 2013 to discuss the exact location of the hearing.
     d. The parties may also agree to have the hearing conducted from telephone.

Question: I want this to be in person.  How do I ensure it doesn't get changed into a telephone hearing?
   

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I just received this via email.  It's titled "ORDER #1".  I'll paste snippets and my questions are in red.

3. JAMS Rule 9.  Notice of Claims.

     a. XXXXXXXXX will file his response to Discover's Counterclaim no later than April 9, 2013.

Question: What are they talking about here?  In Jams no answer is deemed denied , but you can also answer, I don't know what was said on the call, do you have notes to refer to what was said?

4. JAMS Rule 17a.  Exchange of Information

     a. Compliance with this rule will be done in two phases.

     b. Both parties will review Rule 17a and initially comply no later than April 19, 2013.  This will include production of both

          i. Copies of all documents in their possession or control on which they rely in support of their positions; and

          ii. Names of individuals whom they may call as witnesses at the Hearing.

Question: Is this where I send Kohn Law Firm the interrogatories, production of document requests and admissions??     Yes

Question: Who am I looking to call at the hearing?  Discover litigation specialist?  ETC? any one you want, maybe the court affiant  if the affidavit looks shady.

     c. In the event there is any dispute as to complete compliance with this Rule, the parties will bring it to the attention of the Arbitrator no later than April 29, 2013.

Question: What's some good tactics for disputes? There will always be disputes , such as; opponent not complying with your requsets for production, subpeona , stuff like that , it's always good to call upon the arbitrator to resolve the matter. This is by asking for a phone hearing with the arbitrator.

     d. After reviewing the other side's production, the parties will have an opportunity to supplement their Exchange of Information no later than May 13, 2013.

Question: Good tactics/ideas for this? again, same as above, opponent will not comply with everything you ask for and you may need to put the hammer to the nail and call upon the arbitrator.

5. JAMS Rule 17b.  Exchange of Information.

     a. Each party will be entitled to one deposition.

     b. All depositions will be completed no later than June 7, 2013.

Question: I thought a deposition is a out of court testimony where I can interrogate them?  How do I complete this? depose expert witness, affiant or anyone you want to grill. insist on in-person, Object  to telephonic. Although , keep in mind a witness  may not be sworn in across the state.

6. JAMS Rule 18.  Summary Disposition of a Claim or Defense.

     a. Each party may file a motion for summary disposition.

     b. Upon filing, the Arbitrator will set an appropriate briefing schedule.

     c. Such schedule will take into account, if appropriate, whether the exchange of information needs to be completed before deciding the motion.

Question: Sounds like summary judgement to me!  This is what the attorney was hinting at today.  Per JAMS consumer rules, aren't I entitled to an in person hearing??  How do I halt this? UNTIL you get an in person heraing they can file anything they want, demand that all their dispositive motions be ruled after the in person hearing. Object.

8.  JAMS Rule 22.  The Arbitration Hearing

     a. The hearing in this matter will be conducted on June 28, 2013.

     b. The Arbitration Clause in this matter provides that the hearing will be conducted in the federal judicial district where the claimant lives.

     c. The Arbitrator will conduct a conference call on May 14, 2013 to discuss the exact location of the hearing.

     d. The parties may also agree to have the hearing conducted from telephone.

Question: I want this to be in person.  How do I ensure it doesn't get changed into a telephone hearing?  Arbitrators set a tenative hearing just to keep things moving, this can be moved back if the other side does not comply with your requests for production, discovery, etc. you can always ask for phone hearing and 30 days extension until they comply. Print and read JAMS rules , and JAMS consumer protocols ,1-10 so you know your rights. Consumer protocols says: consumer is entitled to an In-person heraing , if arbitrator doesn't allow, it violates your consumer rights and good reason to vacate the award in court.

   

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