Jump to content

Thank You All!!---A Midland Win


Recommended Posts

Decided not to go there. I feel my opposition is good and asked for a cross dismissal w. predjudice.

If the judge denies their MSJ but does not grant my MTD then I save the discovery stuff and file MIL's to remove their so-called evidence. I thought that the fact I messed up and gave them a second chance at sending discovery would do me no good in my MOSJ.  I will post it later.

 

Just for a laugh when I got to the P.O. to mail the atty their copy it was closed due to computer breakdown, so I could not even rid myself of that.   But I feel great that I answered in a way I feel will squash their MSJ.  By the way   why did you think I needed a lawyer???? I thought the purpose of being in here was to not need one? 

 

Just wondering Harry???

Link to comment
Share on other sites

By the way   why did you think I needed a lawyer???? I thought the purpose of being in here was to not need one? 

 

Just wondering Harry???

I said if you're going to bring counterclaims into the mix, you needed to talk to a lawyer.  This is not a simple "they called me 5 times at 11pm" type of scenario.  You started talking about FDCPA counterclaims in the middle of defending a lawsuit they filed against you and the questions you asked about the counterclaims were (IMO) uncertain at best.    Like I said.... there's a lot to sort out if you're going to introduce FDCPA counterclaims to the discussion.

 

Good luck with you Opposition.  I'm hoping that being in Superior Court you will have better luck than I and several others have had in Justice Court.

Link to comment
Share on other sites

  • 2 weeks later...

Okay and now I got today their reply to my MOSJ.  Note they use  some of the same case law as TML's case.  Is it uncitable, and I will also post the two affadavits. One with the complaint from Kory Holst  adding on interest , and one in MSJ from P Duncan, no interest.  It says that MCM and MF both have a set of the records.

 

The affadavits claim the last purchase was 9-6-09  but their response claims it is 9-4-09. Anyway appreciate any help with my response. I think I have just 5 days to get it in.

 

And lastly can I ask for the RFA's to be deemed admitted. I have the copy of the CMRRR to prove they got them. They filed MSJ the day they were due. The RFA's are in my post 111.  I would like to be able to use them in this last response.  Any thoughts????

 

DOC051014-001.pdf

Link to comment
Share on other sites

Go with sur reply that you have deemed admissions against plaintiff that refute their allegations and further raise a material dispute. Also show that plaintiffs have withheld the forward flow purchase agreement which shows no guarantee of records accuracy.

 

This is important. The records bear no stamp from the FDIC which was in charge of the wamu hostile takeover and they must have those marks to be considered as evidence. Without all this plaintiff had no expectation of reliability and therefore the affidavits are self serving, conclusory, toilet paper.

  • Like 2
Link to comment
Share on other sites

Go with sur reply that you have deemed admissions against plaintiff that refute their allegations and further raise a material dispute. Also show that plaintiffs have withheld the forward flow purchase agreement which shows no guarantee of records accuracy.

 

This is important. The records bear no stamp from the FDIC which was in charge of the wamu hostile takeover and they must have those marks to be considered as evidence. Without all this plaintiff had no expectation of reliability and therefore the affidavits are self serving, conclusory, toilet paper.

+1

Link to comment
Share on other sites

As far as the RFAs go, you can try whatever you want.  As I said before, my personal thoughts are that the judge will reject your asking him/her to have them deemed admitted..

 

You don't get to reply to their response to your Opposition.  The rules allow the opposing party to file an Opposition to the MSJ and the moving party can file a response to the Opposition and that's it.  Otherwise the replies and responses would go on forever.

 

Again, you can file a reply, but Court has no obligation to consider it and/or the plaintiff can rightfully move to have it stricken.

 

ARCP 56©

 

(2) A party opposing the motion must file its response and any supporting materials within 30 days after service of the motion. The moving party shall have 15 days after service of the response in which to serve a reply memorandum and any supporting materials. ...

 

Link to comment
Share on other sites

Called the court   My MET was denied. Figured that one!!

 

Looks like no arb hearing has been scheduled. It also looks like Rule 56(f)(3) has been modified to say that In order for me to request a hearing on SJ I must try in good faith to resolve the issues by personal consultation with the opposing party  and to submit a seperate certicfication regarding such consultation with it's affadavit

Link to comment
Share on other sites

Clerk just called me back . No hearing on the scheduled date. She said trickle---- Judge will rule on the MSJ on Tuesday. So I need to get my motion to have a hearing on it in tommorrow.

 

Thanks to all who said to ask for a hearing. I think i will send atty 2 moorow the complimentary we tried to work it out fax, Have to certify ??  sent  it to them

Link to comment
Share on other sites

Finally some good news. The judge denied their MSJ. Looks like days before I spent a couple more hours and another trip to court to request a hearing.  The hearing is scheduled in June and the Plaintiff sent me today a request to appear telephonically. They are 7 minutes from court so I plan on opposing that.

Link to comment
Share on other sites

The case is on the dismissal calendar. The hearing is moot because the Plaintiff did not file a Motion to continue. So unless they do that it will be dismissed in July.   I will still file a motion to oppose the telephonic appearance , in case there is a hearing. So for now , I can spend my time trying to help others.

  • Like 1
Link to comment
Share on other sites

Plaintiff filed an Motion to take the case off the dismissal calendar. I need to reply and oppose this as they had to file a motion to set by May 12.  Also they filed it a week ago and never sent me a copy of the motion. Found it online.

I guess in Arbitration in lieu of MIL's you have to object to exhibits in a Joint Pretrial statement?? Does anyone have help with this??

Link to comment
Share on other sites

I have never got to a Superior Court arb since Plantiff files MSJ before the arb date and have to fight it.   In one case in Superior got cased dismissed after filed opposition  to SJ which cancelled arb.

 

In Justice Court its nothing more than a settlement conference if want to settle.  However, in Superior Court I believe its more like a mini trial where arb decides the case and you accept or not.  If don't accept and go to Court you pay fees etc

 

Would not use arb to delay filing any MIL etc.  

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.