Need Help please

[Kazzanova]

Helo,

   I sent a copy of my Notice of Arbitration Election for Arbitration to Both the JDB and his attorney and have the delivery service proving they received it.

I then filed my MTC with the court and sent the filed copy to the attorney and they are opposing my because they say "it isn't legally cogniztble because Defendant has not followed thru with the procedures set out in the Card agreement that specify the process for initing arbitration. 

In their brief they state that "Defendant has specified JAMS as his preferred arbitration firm. The JAMS website list its rules, reading in revenant part:

Rule 5. Commencing an Arbitration

(a) The Arbitration is deemed commenced when JAMS issues a Commencement Letter based upon the existence of one of the following:  

(i) A post-dispute Arbitration Agreement fully executed by all Parties specifying JAMS administration or use of any JAMS Rules; or

(ii) A pre-dispute written contractual provision requiring the Parties to arbitrate the dispute or claim and specifying JAMS administration or use of any JAMS Rules or that the Parties agree shall be administered by JAMS; or

(iii) A written confirmation of an oral agreement of all Parties to participate in an Arbitration administered by JAMS or conducted pursuant to any JAMS Rules; or

(iv) The Respondent's failure to timely object to JAMS administration; or

(v) A copy of a court order compelling Arbitration at JAMS.

(b) The issuance of the Commencement Letter confirms that requirements for commencement have been met, that JAMS has received all payments required under the applicable fee schedule and that the Claimant has provided JAMS with contact information for all Parties along with evidence that the Demand for Arbitration has been served on all Parties.

Should I wait on my MTC order from the court or should I just send the JAMS demand to the attorney and JAMS today

 

thanks 
 

[Harry Seaward]

I would respond to their opposition that plaintiff is putting the cart before the horse.  You haven't initiated with JAMS because you first need to know if the court is going to grant your motion. 

[Kazzanova]

On 8/7/2018 at 11:24 AM, Harry Seaward said:

I would respond to their opposition that plaintiff is putting the cart before the horse.  You haven't initiated with JAMS because you first need to know if the court is going to grant your motion. 

 

I went to respond to their opposition and the judge already ruled on it denying me

The judge denied my motion on Cavalry's Opposition saying I didn't pay the fees but I was waiting for my MTC.

 

[Harry Seaward]

I would appeal that. 

[Kazzanova]

1 hour ago, Harry Seaward said:

I would appeal that. 

They did it on purpose cause I have court on Monday not letting me respond.

[Kazzanova]

I called the court and they said he denied my MTC with prejudice.

is he really serious 

[Clydesmom]

1 hour ago, Kazzanova said:

is he really serious 

No, Judges usually issue a ruling or two each month as a joke.  Of course he is SERIOUS.  Your option is to appeal to a higher court.  

[Kazzanova]

20 minutes ago, Clydesmom said:

No, Judges usually issue a ruling or two each month as a joke.  Of course he is SERIOUS.  Your option is to appeal to a higher court.  

Should I appeal or file a motion to reconsider

[Harry Seaward]

12 minutes ago, Kazzanova said:

Should I appeal or file a motion to reconsider

Appeal. For several reasons. Not the least, of which is that a motion for reconsideration asks the same judge to admit he made a mistake. For all intents and purposes, it never happens. 

[Kazzanova]

4 minutes ago, Harry Seaward said:

Appeal. For several reasons. Not the least, of which is that a motion for reconsideration asks the same judge to admit he made a mistake. For all intents and purposes, it never happens. 

Yeah no one want to admit they fucked up especially a judge

[BV80]

7 hours ago, Kazzanova said:

They did it on purpose cause I have court on Monday not letting me respond.

When did you file the MTC?

[Kazzanova]

8 hours ago, BV80 said:

When did you file the MTC?

I filed it with the civil court where I am being sued in

[BV80]

4 minutes ago, Kazzanova said:

I filed it with the civil court where I am being sued in

WHEN did you file it?

[Kazzanova]

 

Just now, BV80 said:

WHEN did you file it?

Close to a month ago.

[BV80]

2 minutes ago, Kazzanova said:

 

Close to a month ago.

Ok.  When you said "they did it on purpose cause I have court on Monday not letting me respond", what did you mean?

[Kazzanova]

Cavalry attorney said I didn’t follow the arbitration procedures properly. I sent both Cavalry & their attornu’s  notocr of election for arbitration. Along with filing my MTC with the court and the attorneys.

They say because I didn’t pay the $250 to JAMS that I didn follow JAMS  arbitration process properly under Rule 5.

But Rule 5 subsection (v) say with a motion from the court

[Kazzanova]

How can I pay the fees with under Rule 5 is say a motion from the court

[Kazzanova]

The Attorneys submitted there opposition on the 8/1 more or or less the rules ruled in the favor on the 8/7 I didn’t even get to object to their reasoning

[BV80]

16 minutes ago, Kazzanova said:

The Attorneys submitted there opposition on the 8/1 more or or less the rules ruled in the favor on the 8/7 I didn’t even get to object to their reasoning

Was Cavalry's response to your motion served to you?  If so, when did you receive it?

[Kazzanova]

Can I use this in my appeal as it paints a clear picture it looks like

If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.

The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement. The hearing and proceedings, under such agreement, shall be within the district in which the petition for an order directing such arbitration is filed

[Harry Seaward]

Yes. The only valid reason a court has to deny a MTC is if the court finds there is no valid agreement to arbitrate. If you provided an agreement with your MTC, and plaintiff never argued "validity", the court cannot deny the MTC.

[Kazzanova]

1 hour ago, Harry Seaward said:

Yes. The only valid reason a court has to deny a MTC is if the court finds there is no valid agreement to arbitrate. If you provided an agreement with your MTC, and plaintiff never argued "validity", the court cannot deny the MTC.

I provided with a copy of my card agreement with my MTC and they never argued "Validity" only that I didn't follow the proceesured for arbitration as per a commencement of Arbitration. But under rule 5. subsection (v) its states a copy of the court order to compel

[Kazzanova]

At any time you or we may ask an appropriate court to compel arbitration of Claims, or to say the litigation of Claims pending arbitration, even if such claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other claim. Defendant’s Exhibit, CARD AGREEMENT, p10 & P11.

 

The Defendant filed motion to compel arbitration which was DENIED. Arbitration is a matter of contract, and the Federal Arbitration Act (“FAA”) as per the card member agreement requires courts to honor parties' expectations.

 

The overarching purpose of the FAA, evident in the text of §§ 2, 3, and 4, is to ensure the enforcement of arbitration agreements according to their terms so as to facilitate streamlined proceedings. Requiring the availability of classwide arbitration interferes with fundamental attributes of arbitration and thus creates a scheme inconsistent with the FAA.

 

The Plaintiff has not disputed the validity of the Arbitration provision in the Card Members agreement.

 

The Plaintiffs refusal of validadition violates the two types of validity challenges under § 2: "One type challenges specifically the validity of the agreement to arbitrate," and "[t]he other challenges the contract as a whole, either on a ground that directly affects the entire agreement (e.g., the agreement was fraudulently induced), or on the ground that the illegality of one of the contract's provisions renders the whole contract invalid."

 

does that sound ok

[Clydesmom]

2 hours ago, Kazzanova said:

I provided with a copy of my card agreement with my MTC and they never argued "Validity" only that I didn't follow the proceesured for arbitration as per a commencement of Arbitration. But under rule 5. subsection (v) its states a copy of the court order to compel

Actually that isn't exactly what it states. Part A states 4 conditions under which arbitration is considered commenced then states "OR" there is a MTC approved by the court.  NOT that it is required to commence.  Your major issue is part B that states ALL fees have been paid.  By not paying your portion you essentially only completed part of the process.

Rule 5. Commencing an Arbitration

(a) The Arbitration is deemed commenced when JAMS issues a Commencement Letter based upon the existence of one of the following:  

(i) A post-dispute Arbitration Agreement fully executed by all Parties specifying JAMS administration or use of any JAMS Rules; or

(ii) A pre-dispute written contractual provision requiring the Parties to arbitrate the dispute or claim and specifying JAMS administration or use of any JAMS Rules or that the Parties agree shall be administered by JAMS; or

(iii) A written confirmation of an oral agreement of all Parties to participate in an Arbitration administered by JAMS or conducted pursuant to any JAMS Rules; or

(iv) The Respondent's failure to timely object to JAMS administration; or

(v) A copy of a court order compelling Arbitration at JAMS.

(b) The issuance of the Commencement Letter confirms that requirements for commencement have been met, that JAMS has received all payments required under the applicable fee schedule and that the Claimant has provided JAMS with contact information for all Parties along with evidence that the Demand for Arbitration has been served on all Parties.

You are going to have to over comenot paying in an appeal in that you didn't follow the entire procedure.  I would expect the attorney to argue that like many consumer threats to arbitrate you filed but didn't pay the fees hoping they would back down.  Had you paid your required fee you would have an iron clad appeal.  That word "OR" is what is going to trip you up.

[Kazzanova]

13 minutes ago, Clydesmom said:

Actually that isn't exactly what it states. Part A states 4 conditions under which arbitration is considered commenced then states "OR" there is a MTC approved by the court.  NOT that it is required to commence.  Your major issue is part B that states ALL fees have been paid.  By not paying your portion you essentially only completed part of the process.

Rule 5. Commencing an Arbitration

(a) The Arbitration is deemed commenced when JAMS issues a Commencement Letter based upon the existence of one of the following:  

(i) A post-dispute Arbitration Agreement fully executed by all Parties specifying JAMS administration or use of any JAMS Rules; or

(ii) A pre-dispute written contractual provision requiring the Parties to arbitrate the dispute or claim and specifying JAMS administration or use of any JAMS Rules or that the Parties agree shall be administered by JAMS; or

(iii) A written confirmation of an oral agreement of all Parties to participate in an Arbitration administered by JAMS or conducted pursuant to any JAMS Rules; or

(iv) The Respondent's failure to timely object to JAMS administration; or

(v) A copy of a court order compelling Arbitration at JAMS.

(b) The issuance of the Commencement Letter confirms that requirements for commencement have been met, that JAMS has received all payments required under the applicable fee schedule and that the Claimant has provided JAMS with contact information for all Parties along with evidence that the Demand for Arbitration has been served on all Parties.

You are going to have to over comenot paying in an appeal in that you didn't follow the entire procedure.  I would expect the attorney to argue that like many consumer threats to arbitrate you filed but didn't pay the fees hoping they would back down.  Had you paid your required fee you would have an iron clad appeal.  That word "OR" is what is going to trip you up.

But how can I follow Rule 5 without having my Motion to Compel Order which I submitted with the court.

JAMS is awaiting to see if per my request they are gonna cover my advance. I can't pay a bill in which a don't have a receipt to. Cavalry is stalling in responding to them so I can pay