gg2008

Motion for Summary Disposition Midland Funding

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Just want to keep you guys updated.I did file the arbitration. They did file a motion to dismiss the case without prejudice. They would not agree to with prejudice. The reasoning they gave was because the case hasn't been tried or heard.

Me personally I feel like a significant amount of discovery has taken place. There has been affidavits submitted on behalf of the plaintiffs. The judge is clear on the facts of this case. If they want to dismiss it needs to be with prejudice. I have been combing for cases to support my reasoning, but there are not and michigan's laws are really vague.

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6 hours ago, gg2008 said:

Just want to keep you guys updated.I did file the arbitration. They did file a motion to dismiss the case without prejudice. They would not agree to with prejudice. The reasoning they gave was because the case hasn't been tried or heard.

Me personally I feel like a significant amount of discovery has taken place. There has been affidavits submitted on behalf of the plaintiffs. The judge is clear on the facts of this case. If they want to dismiss it needs to be with prejudice. I have been combing for cases to support my reasoning, but there are not and michigan's laws are really vague.

You don't need case laws and discovery is irrelevant.  As I have already stated, you need to look up your court RULES on when dismissals are allowed.  I would bet you anything that there is a rule stating that either after an answer was filed or at the very least after your MTC was granted, that they are not allowed to file a dismissal unless they have a stipulated agreement with you.  They do not have such an agreement, therefore, like I said, you need to IMMEDIATELY file an objection like the example I previously posted.

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On 4/16/2019 at 6:07 PM, Brotherskeeper said:

Here are the court rules for Voluntary Dismissal:

Rule 2.504 Dismissal of Actions

(A) Voluntary Dismissal; Effect.

(1) By Plaintiff; by Stipulation. Subject to the provisions of MCR 2.420 and MCR 3.501(E), an action may be dismissed by the plaintiff without an order of the court and on the payment of costs

(a) by filing a notice of dismissal before service by the adverse party of an answer or of a motion under MCR 2.116, whichever first occurs; or

(b) by filing a stipulation of dismissal signed by all the parties.

Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a dismissal under subrule (A)(1)(a) operates as an adjudication on the merits when filed by a plaintiff who has previously dismissed an action in any court based on or including the same claim.

 

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