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Won Sallie Mae in AZ - 2014-2015


GDayMateAZ
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That SLM's Deadline Day 12/04/2014 to file their Appellee's Memorandum (Answering Brief) is Today and it's Rainy, not the best time fro urgent driving to the Court House to file the stuff at 4:59 PM.

 

There is nothing new for now: neither online nor in mail.

 

On one side, in Arizona under SCRAP Rule 8(a)(1)
"Non-filing of an appellee or cross-appellee memorandum shall not constitute confession of error.".

Arizona Superior Court Rules of Appellate Procedures-Civil, Rule 8
Rule 8. Appellate Memoranda; Motions for More Time; Procedural Motions

(a) Appellate Memoranda.

(1) .....................
Non-filing of an appellee or cross-appellee memorandum shall not constitute confession of error.

On the other side, the Superior Court Commissioner ordered SLM expressly
to file Appellee's Memorandum (Answering Brief) no later than December 4, 2014.

 

(See my Post #247 was about 11/04/2014 Superior Court Ruling)

"Pursuant to Plaintiff-Appellee's Procedural Motion filed with this Court on September 12, 2014, this Court issued its Ruling on November 3, 2014.

IT IS ORDERED denying Plaintiffs motion to strike Defendants' appellate memorandum.

IT IS FURTHER ORDERED that all future filings in this matter shall be filed with the Clerk of the Superior Court.

IT IS FURTHER ORDERED that the Plaintiff-Appellee shall file Appellee's Memorandum (Answering Brief) no later than December 4, 2014.

IT IS FURTHER ORDERED signing this minute entry as a formal Order of the Court."

 

My Appeal Case with the Superior Court online for now is looking like this:

 

Case Documents

 

Filing Date Description Docket Date Filing Party

11/4/2014  023 - ME: Order Entered By Court  11/4/2014  

10/17/2014  MCM - Memorandum & Certificate Of Mailing  10/17/2014  Originating Court(4) 
NOTE: APPELLANT'S/ORAL ARGUMENT REQUESTED
10/17/2014  TRM - Transmittal  10/17/2014  Originating Court(4) 
NOTE: OF RECORD ON APPEAL TO SUPERIOR COURT
10/17/2014  EXH - Exhibit  10/17/2014  Originating Court(4) 
10/17/2014  CDP - Compact Disc Of Proceedings  10/17/2014  Originating Court(4) 
NOTE: 1

9/12/2014  PRM - Procedural Motion  9/30/2014  Originating Court(4) 
NOTE: REFER TO SUPERIOR COURT MOTION TO STRIKE APPELLANT'S MEMORANDUM FOR LACK OF PERFECTION
9/12/2014  NAL - Notice Appeal Lower Court  9/30/2014  Originating Court(4) 
9/12/2014  RES - Response  9/30/2014  Originating Court(4) 
NOTE: PROCEDURAL MOTION/REFER TO SUPERIOR COURT APPELLANT'S OPPOSITION TO APPELLEE'S MOTION TO STRIKE THE APPELLANT'S MEMORANDUM
9/12/2014  NFD - Notice Of Filing Fee Due  9/30/2014  Originating Court(4) 
NOTE: 09/29/14
9/12/2014  RFP - Receipt Filing Fee Paid  9/30/2014  Originating Court(4)

 

=======================================================

 

12/05/2014  Update

 

Nothing in mail and online yesterday and today as well.

 

I am thinking: should I file within 2-3 weeks (from now) my Procedural Motion for Directed Appeal Ruling

(for me, of course :-) )

based on the Appellee's failure to comply with the Court Order where Appellee was expressly ordered to file his 

responding brief no later than 12/04/2014 ?

 

Is this my job  to do ?

 

Or it would be for me better to sit and wait ?

Edited by GDayMateAZ
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There is an interesting AZ Supreme Court decision (it was made 50 years ago, in 1965,

and I could NOT find any later overruling) regarding the Appellee's failure to file his Responding Brief.

 

 

Tiller v. Tiller, 402 P.2d 573, 98 Ariz. 156 (1965).

 

http://scholar.google.com/scholar_case?case=17916476272922313165&q=info:zcE_oj4cpPgJ:scholar.google.com&hl=en&as_sdt=0&oi=scholarr

 

"Appellant has raised several errors challenging the judgment of the trial court.

 

Appellee has not favored us with a brief and this case has been submitted for decision under Rule 7(a)2, Rules of the Supreme Court, 17 A.R.S.

 

As there are debatable issues this Court will assume that the failure to file an answering brief is a confession of reversible error on the part of the appellee.

 

Wilson v. Wilson, 94 Ariz. 353, 385 P.2d 226 (1963); Siemers v. Randall, 94 Ariz. 302, 383 P.2d 753 (1963); Barrett v. Hiney, 94 Ariz. 133, 382 P.2d 240 (1963); Tom v. Baca, 93 Ariz. 96, 378 P.2d 912 (1963); Nelson v. Nelson, 91 Ariz. 215, 370 P.2d 952 (1962); Stover v. Kesmar, 84 Ariz. 387, 329 P.2d 1107 (1958); Dowding v. Smithers, 82 Ariz. 261, 311 P.2d 967 (1957).

 

Judgment reversed."

Edited by GDayMateAZ
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I am researching how Civil Contempt is defined in Arizona.

 

Korman v. Strick, 652 P.2d 544, 133 Ariz. 471 (1982)

 

http://scholar.google.com/scholar_case?case=14638731542550989237&q=info:tckOVMc4J8sJ:scholar.google.com&hl=en&as_sdt=0&oi=scholarr

 

"Returning to the merits of the case, this Court stated in
Ong Hing v. Thurston, 101 Ariz. 92, 416 P.2d 416 (1966):

 

"Contempt has been broken down into four classifications:

criminal contempt is the commission of a disrespectful act directed at the court itself which obstructs justice,

* * * civil contempt is the disobeyance of a court order directing an act for the benefit or advantage of the opposing party to the litigation,

* * * direct contempt is an act committed in the presence of the court or so near thereto as to obstruct the administration of justice,

* * and constructive or indirect contempt is an act committed outside the presence of the court, * * *."

 

Id. at 98, 416 P.2d at 422"

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It's looking good.

 

Thank you, @Anon Amos :-)

 

I am preparing a new Procedural Motion to file with the Superior Court (Lower Court Appellate Division) within 2 weeks from now

regarding two subjects:

 

1) Failure SLM to file Responsive Brief;

 

2) Failure SLM to comply with the strict Court Order.

 

Update 12/08/2014:

 

I decided to not do anything, just will sit back and wait.

Edited by GDayMateAZ
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@GDayMateAZ

 

In my opinion, and via my slog thru the legal system, is this:  

 

- File all documents ahead of schedule

- Submit for decision the day it becomes ripe for decision.

 

If you follow the rules & deadlines accurately, that can only be suited in your favor.  Cases can be won by simply adhering to the rules & schedules.

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@GDayMateAZ

 

In my opinion, and via my slog thru the legal system, is this:  

 

- File all documents ahead of schedule

- Submit for decision the day it becomes ripe for decision.

 

If you follow the rules & deadlines accurately, that can only be suited in your favor.  Cases can be won by simply adhering to the rules & schedules.

 

@Coffee_before_tea

 

I always followed all rules and met all deadlines.

 

At this point, it's SLM lawyers who did not follow the Judge's strict order.

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I was curious: what happened with three BHLM Lawyers on my SLM Case (their names were on the last SLM filings)?

 

One of them (the most smart) Chicago's located attorney (with both IL and AZ licenses)

is no longer with BHLM and she is no longer in Illinois: she moved to NYC.

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  • 3 weeks later...

1. There are no news with my appeal except that now I have entered into

the third calendar year (2013-2015) with SLM Education Credit in AZ Courts (Justice-Superior-Justice).

 

2. Yesterday, I've received a check $120.00 from Navient (the new name of Sallie Mae Corp)

attached to the letter:

 

"Dear GDayMateAZ:

 

You’re a valued customer, and we’d like to thank you for your business with Navient. During a recent review, it was identified that our practice of charging a minimum late fee, as well as our billing statement disclosures relating to when late fees would be charged, may have caused confusion for our customers. To correct this issue we have enclosed a refund check in the amount of $120.00.

 

We understand that you’re committed to repaying your education loan(s), that’s why we want to apologize for any inconvenience we may have caused.

 

No action is needed from you at this time. If you have any issues with the check you have received, please call 1-800-xxx-xxxx,

Monday - Friday 7 a.m. to 7 p.m., CT

 

Sincerely,
Navient Customer Service"

Edited by GDayMateAZ
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Is cashing it at all an admission of the account??? I recently received a like check in a class action from Chase.  Only $7.00 tho :roll:

 

They would get this deposited check with all info about my account and so save money on research.

 

If I cash this check they would see info of cashing pawn shop and my Driver License number only.

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01/05/2015 - found a new document in the docket:

 

=====================================================================

 

CIVIL

 

RECORD APPEAL ASSIGNMENT - ORAL ARGUMENT REQUESTED

 

Lower Court Case No. CC2013–XXXXXX

 

Memoranda having been filed in the above-mentioned appeal,

 

IT IS ORDERED assigning this appeal on January 5, 2015, to Commissioner Harris for determination of the appeal based upon the transcript of the proceedings and the parties’ memoranda, pursuant to Local Rule 9.9, Maricopa County Superior Court Local Rules of Practice, within sixty (60) days from this date.

 

Oral argument is requested and this matter is referred to Commissioner Myra Harris for determination, pursuant to Rules of Procedure in Civil Cases.

 

IT IS ORDERED denying request for oral argument.

Edited by GDayMateAZ
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Oh, that's interesting.  That order seemed to sound like they did, but I guess it could be boilerplate language for that type of order.

 

Of course, the plural "..the parties’ memoranda,.." is the part of boilerplate language :-)

 

After 30 days plus 30 extension days (06/16/14-08/16/14),

SLM lawyers filed only their Procedural Motion to Strike my Appellants' Memorandum for "lack of perfection"

that was denied by Commissioner Harris(11/04/14).

 

They never filed anything else :-)

 

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