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Plaintiff filed Motion for Trial at same time as MSJ hearing


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I would prepare for trial. I don't see any conflict with them being scheduled the same day. If the MSJ is denied, it immediately goes to trial.

The only way to oppose it is if there is something in your rules that defines a time period between a MSJ and a trial.

File an objection to their MSJ and prepare for trial based on your SJ arguments.

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I would prepare for trial. I don't see any conflict with them being scheduled the same day. If the MSJ is denied, it immediately goes to trial.

The only way to oppose it is if there is something in your rules that defines a time period between a MSJ and a trial.

File an objection to their MSJ and prepare for trial based on your SJ arguments.

I see a conflict; Summary judgement takes priority of trial, the summary needs to be disposed of before a trial can commence. Evidently they think that their motion for summary is weak or they would not ask for trial.

Here is the only case law you need to beat a summary judgment

Trensley v Pagliaro, 229 F. Supp 747 (1964) Statements of council in brief or argument are not sufficient for summary judgment. Why? Because attorneys cannot testify as to the facts of a case, there has to be a competent witness or the is no case, and there is no subject matter jurisdiction of the court. Federal Annotated law: Actual facts, not mere allegations in a complaint, are determinative of jurisdiction. If there is no witness there are no facts. If there are no facts there is no case.

 

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I see a conflict; Summary judgement takes priority of trial, the summary needs to be disposed of before a trial can commence. Evidently they think that their motion for summary is weak or they would not ask for trial.

Here is the only case law you need to beat a summary judgment

Trensley v Pagliaro, 229 F. Supp 747 (1964) Statements of council in brief or argument are not sufficient for summary judgment. Why? Because attorneys cannot testify as to the facts of a case, there has to be a competent witness or the is no case, and there is no subject matter jurisdiction of the court. Federal Annotated law: Actual facts, not mere allegations in a complaint, are determinative of jurisdiction. If there is no witness there are no facts. If there are no facts there is no case.

 

I love it - thank you so much!! The only "witness" they have is a records clerk at Green Tree, who became the servicer of the loan within the last year (case was filed in 2011, original case dismissed in 2009), and has no "personal knowledge" of the circumstances surrounding the original loan, etc.

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