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Victory against Midland!


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Thanks to all who have helped! The judge just signed my order dismissing Midland's case simply because Midland failed to file an opposition to my MTD (was based on statute of limitations being 4 years, not 6.). See...just follow the rules and you might win. Now I just hope that they don't claim that they never received a copy of my MTD. Neither side has been mailing certified. Oh well, I know I sent it and they've had online computer access to the case.

 

Now if I could just get my 2011 Midland case dismissed. The last thing filed there was the judge denying Midland's MSJ. There's been no additional discovery or correspondence. I think we're almost at a year since anything has been filed. Maybe the court will throw it out for failure to prosecute?

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"Now if I could just get my 2011 Midland case dismissed. The last thing filed there was the judge denying Midland's MSJ. There's been no additional discovery or correspondence. I think we're almost at a year since anything has been filed. Maybe the court will throw it out for failure to prosecute"?

~~~

 

I would do the same thing on this case. File another Motion to Dismiss for lack of prosecution. Look at your State Rules of Civil Procedure and determine the actual time line and work from there. There should be enough Utah case law on file to help you with a persuasive argument convincing the Judge to DISMISS WITH PREJUDICE. Sometimes you just have to stay proactive. 

 

Congratulations on your other case and keep up the good work.

 

HP

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Congrats. If I remember right you used my arguments from the State Law Forum. If so it is possible they do not want a ruling on the record where you argued the law. These guys have been running rough shod over consumers for a couple of years with the 6 year argument with no meaningful push back. When they get push back and know they will lose they are going to cave rather than have a ruling on the merits of the arguments that could be used by the next Pro Se.

 

Please do add you MTD to the State Law Forum thread I started so we can get SOL stuff all together. Utah consumers already have enough trouble finding info.

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