Mloske

Help needed ASAP!! Midland lawsuit Ohio

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45 minutes ago, fisthardcheese said:

Maybe just take the holster off and relax in the saloon for a minute before you jump to trying to take out the outlaws who haven't even arrived yet.

I think I've had one to many drinks at my saloon lol. Ive been waiting for 3 weeks now and haven't seen anything move on my case. My court date is end of this month so ill just wait it out and bring it up at the conference.

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6 hours ago, MikeB35 said:

My court date is end of this month so ill just wait it out and bring it up at the conference.

Just keep checking and be on the lookout for a Motion for Summary Judgement. If they sneak that in and the judge grants it, unopposed,  then you are on to the appeal stage.

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Okay so I'm in a different county in Ohio and I'm getting ready to take care of my answer. After reading this thread I'm wondering, should I request a hearing in the face of my motion for my MTC and how do I go about doing this?

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1 hour ago, upcycleliving said:

Okay so I'm in a different county in Ohio and I'm getting ready to take care of my answer. After reading this thread I'm wondering, should I request a hearing in the face of my motion for my MTC and how do I go about doing this?

Would you mind starting your own thread for this, please? This gets confusing. Check to see if your specific court has its court rules on its website. 

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Okay this message is for Michelle. I just talked to a consumer attorney and he suggests getting a hearing on this even though it's a dangerous move because the Lawyers and Judge could try to trip you up. He still would recommend getting a hearing because if you do not do anything to get the motion heard, the other side might ignore it. This sounds good but often times it's not because eventually The court might considers the MTC abandoned since you didn’t ask for a hearing, and then the court just lets the litigation proceed as if you did not file your motion and later says that you waived your argument by not pursuing it (or they’d say you abandoned it).
 
He says you need to derail the court case and push them into a situation where their choice is to either Arbitrate or Leave you alone.
 

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On 3/7/2018 at 2:36 PM, upcycleliving said:

Okay this message is for Michelle. I just talked to a consumer attorney and he suggests getting a hearing on this even though it's a dangerous move because the Lawyers and Judge could try to trip you up. He still would recommend getting a hearing because if you do not do anything to get the motion heard, the other side might ignore it. This sounds good but often times it's not because eventually The court might considers the MTC abandoned since you didn’t ask for a hearing, and then the court just lets the litigation proceed as if you did not file your motion and later says that you waived your argument by not pursuing it (or they’d say you abandoned it).
 
He says you need to derail the court case and push them into a situation where their choice is to either Arbitrate or Leave you alone.
 

Sounds like horrible advice to me.  Why would you be in a rush to force a hearing on an unopposed motion rather than just allow the judge time to grant it?

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Often the JDB attorney does not respond to the MTC Arb.  That requires some work.  They are used to filling out boilerplate and getting defaults.  JDB lawyers usually are not legal scholars.

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2 hours ago, nobk4me said:

Often the JDB attorney does not respond to the MTC Arb.  That requires some work.  They are used to filling out boilerplate and getting defaults.  JDB lawyers usually are not legal scholars.

In my county there are very few hearings. It seems like the only time there would ever be a hearing is the trial which never happens because the JDB always wins on Summary Judgment long before it gets to trial. Looking at past cases from Calvary, PRA, and Midland I don't think a JDB lawsuit in my county has gone to trial in years.

Is there still a chance that the MTC gets denied even if the JDB never responds to it and there's no hearing?

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On 3/10/2018 at 6:49 PM, upcycleliving said:

In my county there are very few hearings. It seems like the only time there would ever be a hearing is the trial which never happens because the JDB always wins on Summary Judgment long before it gets to trial. Looking at past cases from Calvary, PRA, and Midland I don't think a JDB lawsuit in my county has gone to trial in years.

Is there still a chance that the MTC gets denied even if the JDB never responds to it and there's no hearing?

It shouldn't be denied in that case.  In fact, if you file a motion, and the other side doesn't respond to it, you should win by default.  Of course, you never know what a court is going to do.  If the court is determined to steamroll your rights, then you need to appeal.

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Well, I just laid low and hoped for the best.. checked My records and this is the updated information.. no word from other party yet.. 

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Nice work on getting your MTC granted!  It looks like they have until the 6th to appeal this decision.  If they file nothing by the end of the day on the 6th, I would file the JAMS case. I would send a copy of this court order in with my JAMS demand forms.

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1 hour ago, upcycleliving said:

all these granted MTC’s in Ohio without a hearing is making me skeptical about why I even am having to show up for a hearing.

Not all cases are alike. My wife has to show up tomorrow for a status conference even tho she filed an MTC. You shouldn't be skeptical, just follow the process through.

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1 minute ago, MikeB35 said:

Not all cases are alike. My wife has to show up tomorrow for a status conference even tho she filed an MTC. You shouldn't be skeptical, just follow the process through.

Is the opposing council appearing via telephone?

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Just now, upcycleliving said:

Is the opposing council appearing via telephone?

yes, they filed their motion to appear by phone and it was granted.

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2 minutes ago, MikeB35 said:

yes, they filed their motion to appear by phone and it was granted.

What was the reason they gave?

I wonder what would have happened if your wife had filed a motion to appear by phone before plaintiff's attorney did.

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30 minutes ago, MikeB35 said:

yes, they filed their motion to appear by phone and it was granted.

So maybe you are aloud to show up for Status Conferences via telephone but not motion hearings?

1. Status Hearing. After an answer is filed, the case will be assigned to the Judge or Magistrate and the Clerk will forward the file to said Judge or Magistrate. The Court will then set a status or report hearing which may be heard in Court or by telephone pursuant to MMC Rule 15.0. The purpose of the status or report hearing is to set discovery and motion deadlines and pre- trial and trial dates. The status conference and pre-trial conference can be combined at the discretion of theJudge or Magistrate.
2. Motions: All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel. Opposing counsel shall answer in like manner within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the Court. There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the Court deems it necessary.

I wonder if the court should even be allowed to have a hearing because it says "unless the parties request an oral hearing in writing and the Court deems it necessary." Nobody requested an oral hearing in writing.

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12 hours ago, upcycleliving said:

I just checked your case. The plaintiff just filed a request for admissions and document request. 

You need to object to all of them.  The MTC Arb was granted, and they are trying to continue litigation in court.  Which is wrong of them (but it was probably a case of they mailed it before the MTC Arb was granted).

The objections should be worded something like this (customized to your particular situation, if needed):

OBJECTION.  Arbitration has been elected, and the defendant's Motion to Compel Arbitration has been granted by the court.  The scope of discovery is to be determined by the arbitration forum.

 

 

 

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11 hours ago, nobk4me said:

 Which is wrong of them (but it was probably a case of they mailed it before the MTC Arb was granted).

 


Judge granted the MTC on March 23rd, on March 29th these people file a certificate of service with the court saying they mailed a copy of the request for admissions to OP

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