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I am so dejected, I missed my Mandatory Settlement Conference


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I don't know what to do, I missed my MSC today against Fulton Friedman & Gullace. I thought for sure it was on the 6th. It wasn't, it was on the 5th in Dept. 06.

 

I found out when I went to check online to make sure everything was still on for tomorrow. Can anyone tell me what i should do? Back in June I responded timely and I sent a BOP. I also just noticed that I was to file a Case Management Statement 10 days ago, which I did not. This is also an unlimited case.

 

I just noticed in thier Case Management Statement that they say in item # 19 that "The parties have met and confered with all parties on all subjects...". I have never heared from them nor have i ever had a meeting with them.

 

There isn't anything showing on the disposition yet.

 

Man I could cry right about now. Ugh. I didn't want to have to file BK on this.

 

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You will probably get an OSC or order to show cause to explain to the judge why you did not show and possibly why you did not file a Case Management Conference Statement. You could be fined (sanctioned) and if you have a good explanation and file your CMC Statement at least 15 days before the next CMC the judge may reduce or forgive the sanction. You need to read the local rules. If you fail to show up again the judge may increase the sanctions including striking your answer to the complaint and entering a judgment against you

 

Just make sure you don't miss them again.  I would get out a calendar and mark everything for the future, when things are do, court dates, etc.

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After the thread I was helping with yesterday, it's absolutely critical to know what's going on in your case at all times. When's the next hearing? What's the cut off for filings? Has the opposition tried to sneak a motion in? If your court has a good website, check it every single day to see if there's any status changes. The court isn't going to cut us Pro Per's/ Pro Se's any slack once we answer a case. We're expected to know the rules and follow them as if we're attorney's. 

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I just checked online and the only new item is the following:

 

01/07/2014 8:30 AM DEPT. 01        TRIAL SETTING CONFERENCE      

11/05/2013 8:30 AM DEPT. 06        CASE MANAGEMENT CONFERENCE HEARING                TRIAL SETTING CONFERENCE SET   

 

I'm not sure if this is good or not but it appears that the next item is January 7th.

 

What should I do? They did say that we had confered in the CMC statement. Do I file mine and say that we have not confered?

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I just checked online and the only new item is the following:

 

01/07/2014 8:30 AM DEPT. 01        TRIAL SETTING CONFERENCE      

11/05/2013 8:30 AM DEPT. 06        CASE MANAGEMENT CONFERENCE HEARING                TRIAL SETTING CONFERENCE SET   

 

I'm not sure if this is good or not but it appears that the next item is January 7th.

 

What should I do? They did say that we had confered in the CMC statement. Do I file mine and say that we have not confered?

 

While missing the conference isn't a good thing, I would file your CMC statement with the clerk and send a copy to the Plaintiff. No need to point out where they have misrepresented the truth, just put the truth as you view it. If there has been no meet and confer then enter that. If discovery is not completed you enter that.

Again this is a status report for the court, so if you ever need to refer to the CMC, best to have one filed...

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