Harry Seaward 1,356 Posted February 3, 2016 Report Share Posted February 3, 2016 45 minutes ago, Blackbeard's Delight said: Well apparently they were needlessly worried, as my motion was denied yet again. Time to hop on the appeal train I guess Bummer. Let me know if you need help with the appeal. It should be pretty straight forward. ARS 12-1501 and ARS 12-1502 should be what your cornerstone arguments are based on. Did Cortez ever even argue the agreement wasn't valid? Quote Link to post Share on other sites
Blackbeard's Delight 4 Posted February 5, 2016 Author Report Share Posted February 5, 2016 Cortez didn't respond, and the pro temp judge didn't give a reason Quote Link to post Share on other sites
Harry Seaward 1,356 Posted February 5, 2016 Report Share Posted February 5, 2016 Denied despite no objection.... Unreal... You should have no problem getting this reversed on appeal. 2 Quote Link to post Share on other sites
Blackbeard's Delight 4 Posted February 12, 2016 Author Report Share Posted February 12, 2016 So I got an email from AAA today saying that since Cortez has failed to follow me into arbitration and pay their portion of the fees, the AAA is closing my case... Quote Link to post Share on other sites
Harry Seaward 1,356 Posted February 12, 2016 Report Share Posted February 12, 2016 @Blackbeard's Delight What's your plan on this? Your 14 days has got to be coming up real soon now.... Quote Link to post Share on other sites
Blackbeard's Delight 4 Posted February 12, 2016 Author Report Share Posted February 12, 2016 Oh yeah notice of appeal and cost bond are already in, forgot to mention that last night since it was late and I was more focused on the other part. Looks like I should be fine though, I emailed the AAA and they said if the motion is granted I can just refile 1 Quote Link to post Share on other sites
Blackbeard's Delight 4 Posted February 21, 2016 Author Report Share Posted February 21, 2016 So I just recently received notice that about 2 days after I filed the appeal the plaintiff filed a MSJ (I have yet to respond to their discovery requests so as not to jeopardize my MTC arb chances- kinda putting all my eggs in one basket, but that was the only place I could really gain any leverage anyways, so yeah probably not hurting myself that much). I'm assuming that the 30 days I have to respond to their MSJ wouldn't start until the appeals process is over, but I may be giving the AZ justice system too much credit... Quote Link to post Share on other sites
Harry Seaward 1,356 Posted February 22, 2016 Report Share Posted February 22, 2016 The trial court looses jurisdiction when an appeal is pending. Quote While the appeal was pending, appellee moved the trial court to amend the pleadings to add Gail Lane, wife of the appellant, as an additional party-defendant. The court denied the motion because jurisdiction had been removed to this court. Spudnuts, Inc. v. Lane, 676 P. 2d 669 - Ariz: Court of Appeals, 2nd Div. 1984 I would move to have the MSJ denied on the sole grounds that the court lacks jurisdiction. I suppose one could argue when "pending" begins. I would say it's as soon as a party files a notice of appeal, although I can't seem to find anything pining this down. Quote Link to post Share on other sites
Blackbeard's Delight 4 Posted March 11, 2016 Author Report Share Posted March 11, 2016 In regards to responding to that MSJ- am I filing a response to that MSJ wherein I move that it be dismissed, or do I just file a MTD? Or does it really matter? The actual content seems simple enough but I just wasn't sure about the title/header/whatever it's called . Quote Link to post Share on other sites
Harry Seaward 1,356 Posted March 11, 2016 Report Share Posted March 11, 2016 You're filing an opposition to the MSJ (that's what it's called) wherein you ask to have the MSJ denied. Quote Link to post Share on other sites
CommoSGT 84 Posted March 11, 2016 Report Share Posted March 11, 2016 @Harry Seaward The action commences upon filing the appeal and would be in a pending status from there based on my understanding. Quote Link to post Share on other sites
Blackbeard's Delight 4 Posted March 18, 2016 Author Report Share Posted March 18, 2016 Anyone know if I have to file for a stay of proceedings pending the outcome of my appeal, and if so, have any example case law? I would assume that it would be common sense to automatically stay proceedings but I'm just about to head out to a pretrial conference so.... guess not? Quote Link to post Share on other sites
Harry Seaward 1,356 Posted March 18, 2016 Report Share Posted March 18, 2016 You don't need to file a motion for a stay. Quote Link to post Share on other sites
Blackbeard's Delight 4 Posted April 6, 2016 Author Report Share Posted April 6, 2016 On 3/18/2016 at 11:08 AM, Harry Seaward said: You don't need to file a motion for a stay. And yet, according to the website the judge signed the MSJ against me yesterday Quote Link to post Share on other sites
Blackbeard's Delight 4 Posted April 6, 2016 Author Report Share Posted April 6, 2016 Putting the finishing touches on my appeal memorandum, I've started off with building my case around ARS 1501 and 1502, would it do me any good to also include the federal arbitration act and other federal-level statutes/caselaw or would that just be wasting mine and the court's time? Quote Link to post Share on other sites
Harry Seaward 1,356 Posted April 6, 2016 Report Share Posted April 6, 2016 4 hours ago, Blackbeard's Delight said: would it do me any good to also include the federal arbitration act and other federal-level statutes/caselaw I don't see the point. 12-1502 is pretty clear. Bringing in other authority at the onset opens the door for Cortez to distract away from what should be your cornerstone argument. If you still have an appeal pending on the denied MTC, I would file a motion with the appellate court to amend your memorandum to include the newly granted MSJ. Quote Link to post Share on other sites
Blackbeard's Delight 4 Posted December 7, 2016 Author Report Share Posted December 7, 2016 So long time no update, but I filed the appeal, won, and got the whole thing dismissed! Hameroff never filed an appellee response (claimed that due to a clerical error they thought they had more time to respond and motioned to extend the time to file the response, but were denied). I won the appeal, it was remanded back to the lower court who scheduled a new pretrial hearing, and Hameroff dropped the suit. I've had to contact the credit reporting agencies to dispute the "public record" (from the initial summary judgement that was vacated by the superior court) that was still showing up on my report, but that's about it! 1 Quote Link to post Share on other sites
Harry Seaward 1,356 Posted December 7, 2016 Report Share Posted December 7, 2016 Nice job sticking with it and congrats on the win! Quote Link to post Share on other sites
