dogz1189

Filed a MTC - Arbitration....Now What?

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13 hours ago, Harry Seaward said:

They won't pay the fee. Eventually they will file a motion to dismiss. I'm guessing sometime within the next 2 weeks. 

 

They can't dismiss at this point without stipulated agreement from the OP.

10 hours ago, WhoCares1000 said:

I agree that they won't pay BUT I have a feeling since they have until the day after the next hearing, they might wait it out to then just to see if they can get the OP to either settle or the OP has an issue and cannot make it to court and they can get a default. I know that is grasping at straws but I am sure that they will do anything right now to see if they can avoid the arbitration. That is why the OP needs to be prepared for the hearing by being able to show that the OP followed the court's order and the next move is up to the plaintiff.

It is 99% guaranteed that they will do nothing until this hearing date just to make sure OP shows up.  As long as OP shows up and has copies of the AAA paperwork showing that he filed in AAA and arb is now currently pending, the court is likely to set a new hearing date and be done for the day.  The Plaintiff is not able to dismiss at this time without stipulation from the defendant.  Therefore, any attempt at dismissal without first conferring with the OP should be met with an objection and a request to the judge for time to confer with Plaintiff on a stipulated agreement if they want to dismiss rather than follow the court's order to arbitrate. 

Once it is clear that they want to get out of arbitration, I would let them know that the cost for me to drop my COURT ORDERED arbitration against them will be for my costs ($200 plus any filing fees to the court) and a dismissal with prejudice in exchange for a dismissal with prejudice of my AAA claims.

10 hours ago, Brotherskeeper said:

"A party shall not be permitted to avoid compliance with discovery deadlines, orders or applicable rules by voluntarily dismissing a lawsuit.

Bingo.  This is a VERY important rule and this is why asking for a STAY once an MTC is granted keeps the leverage strongly on the defendant's side.  You need to remember that this is YOUR case now.  They want out of arbitration pretty bad, and you have the right now to tell them under what conditions you will agree to a dismissal because you have a court order to arbitrate now and their only choice is to work out a deal with you, pay the high arbitration fees, or be in violation of a court order.

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@fisthardcheese @Harry Seaward @Brotherskeeper

Update! 

The plaintiff's office reached out to me and offered to Dismiss WITH Prejudice at our  upcoming status hearing in exchange for me to drop my AAA claim. We sort of tentatively agreed over the phone and they emailed me the agreement request.

At this point then, I'm glad its sort of coming to a close now. Is there anything else I should prepare for prior to our hearing?

I'm expecting to sort of just be handed a copy of the Order stating Dismissed With Prejudice and for me to drop my AAA case and I wouldn't hear about this account ever again.

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And there you have it. Well done!

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11 hours ago, dogz1189 said:

@fisthardcheese @Harry Seaward @Brotherskeeper

Update! 

The plaintiff's office reached out to me and offered to Dismiss WITH Prejudice at our  upcoming status hearing in exchange for me to drop my AAA claim. We sort of tentatively agreed over the phone and they emailed me the agreement request.

At this point then, I'm glad its sort of coming to a close now. Is there anything else I should prepare for prior to our hearing?

I'm expecting to sort of just be handed a copy of the Order stating Dismissed With Prejudice and for me to drop my AAA case and I wouldn't hear about this account ever again.

If you paid the $200, I would send a counter offer by email asking for $200 plus the dismissal with prejudice.  Other than that, be sure to show up at the hearing and sign the dismissal agreement.

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For some reason i haven't been able to view post via my account the past few days because of the following error. Not sure if others have experienced this...

[[Template forums/front/topics/topic is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]]

 

But anyway, i just wanted to say THANK YOU to everyone who helped me out over the last few months with this case. I had my hearing this week and it was Dismissed With Prejudice. 

Prior to the hearing, the JDB was fine with my counter-offer in which I requested them to pay for my $200 AAA filing fee if AAA did not refund it....I had them write this in the court order too.

Now the only thing left is for me to receive my $200 back and I am done with this account for the rest of my life.

Sweet Victory!

 

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On 3/1/2019 at 6:30 PM, Dogz1234 said:

For some reason i haven't been able to view post via my account the past few days because of the following error. Not sure if others have experienced this...

[[Template forums/front/topics/topic is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]]

 

But anyway, i just wanted to say THANK YOU to everyone who helped me out over the last few months with this case. I had my hearing this week and it was Dismissed With Prejudice. 

Prior to the hearing, the JDB was fine with my counter-offer in which I requested them to pay for my $200 AAA filing fee if AAA did not refund it....I had them write this in the court order too.

Now the only thing left is for me to receive my $200 back and I am done with this account for the rest of my life.

Sweet Victory!

 

Nice work!!

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