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22 hours ago, MikeB35 said:

I can put all of this together for you a little later this evening, if that is helpful.

Thank you for those files to look at. Do you care to share your actual motion to compel arb that you filed. You did a really good job draft those docs.

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On 4/30/2019 at 1:06 PM, Robby8900 said:

I agree, if they file suit in Muni court, dismissal is proper, as a stay of proceeding can only be under the jurisdiction of the common pleas court.

Actually, a stay is under the jurisdiction of any court, as I read the statute.  It's just that a motion to compel arb, or dealing with the award after the arb has been completed, that is under the jurisdiction of a common pleas court.

ORC 2711.02

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

Here the statute does not refer to a court of common pleas.

But, as shown by MikeB35's victory here, in practical terms, it doesn't seem to make a difference.

 

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2711.16 Jurisdiction of courts of common pleas.

Jurisdiction of judicial proceedings provided for by sections 2711.01 to 2711.14, inclusive, of the Revised Code, is generally in the courts of common pleas, and actions and proceedings brought under such sections shall be brought either in the court of common pleas of the county designated by the parties to the arbitration agreement as provided in section 2711.08 of the Revised Code, which designation is an irrevocable consent to the parties thereto to such jurisdiction, or, whether or not such designation has been made, in the court of common pleas of any county in which a party in interest resides or may be summoned, or if any party in interest is a corporation, in any county in which such corporation is situated, or has or had its principal office or place of business, or in which such corporation has an office or agent, or in any county in which a summons may be served upon the president, chairman or president of the board of directors or trustees, or other chief officer.

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4 hours ago, Robby8900 said:

You did a really good job draft those docs.

Thank you sir, I cannot take all of the credit. This was an educational collaboration project with a very helpful community member. We bounced ideas back and forth and together we formed Voltron!

If you ever need help, this community is a network of very intelligent men and women. Everyone has been through some process or another, learned, and stayed to help inform and educate future members seeking advise or pointers. We are even very lucky to have members on board that are lawyers by trade, that help nudge people in the right direction when someone steers of coarse.

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Jams paperwork, and Plaintiffs copy sent out today. I had to wait until today, I received my order from the judge to stay the case. That's a pretty important document to send off in the packet. Now we wait.

Jams:

               2 - Copy's of JAMS Demand

               2 - Copy's of the agreement

               2 - Copy's of the ORDER

               2 - Copy's of my certificate of service

Plaintiff:

          1 - Copy of JAMS Demand

               1 - Copy of the agreement

               1 - Copy of the ORDER

               1 - Copy of my certificate of service

 

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On 5/4/2019 at 9:08 AM, Brotherskeeper said:

@MikeB35 Did you happen to include the information that the Respondant (PRA) is contractually responsible to pay your consumer filing fee?

It's usually not needed.  JAMS is good about following what the card agreement says about consumer fees.  If it were me, I would wait for the initial confirmation and billing from JAMS.  If they are asking me for the $250 consumer filing fee, I would just object and then point out the language saying the other side will pay it.  JAMS will then rebill the full amount to the JDB.

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3 hours ago, fisthardcheese said:

It's usually not needed.  JAMS is good about following what the card agreement says about consumer fees.  If it were me, I would wait for the initial confirmation and billing from JAMS.  If they are asking me for the $250 consumer filing fee, I would just object and then point out the language saying the other side will pay it.  JAMS will then rebill the full amount to the JDB.

Good to know this about JAMS. @fisthardcheese Thank you for generously adding to this forum's arbitration knowledge base--sometimes individually poster by poster. 

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48 minutes ago, Brotherskeeper said:

Good to know this about JAMS. @fisthardcheese Thank you for generously adding to this forum's arbitration knowledge base--sometimes individually poster by poster. 

That's not to say, by the way, that it's not a good idea to include a brief mention in the cover letter when filing a JAMS or AAA case.  I usually just state that "according to the enclosed agreement, the company has agreed to pay the consumer portion of the filing fee, so I have requested that the company forward this amount directly to JAMS/AAA".  And then I will include that same cover letter in the copy I serve to the other side to cover that I have also noticed them about forwarding my filing fee.   However, if this is not done, I would not make a big deal about it unless JAMS send me a bill for the $250.

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I received my confirmation E-mail from JAMS today. I will be sending an email stating the burden of payment is on PRA.

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13 hours ago, MikeB35 said:
 

I received my confirmation E-mail from JAMS today. I will be sending an email stating the burden of payment is on PRA.

Well, that should make Mister WWR Attorney Man's day.:rolleyes:

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*Update*

Still no word from the JDB, we both got our arbitration papers 2 weeks ago. I figured something would happen by now. Ill send an e-mail to the case worker tomorrow and see whats new.

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Sorry for the delay, I got my Demand, Notice of Intent, JAMS Policy, and Proof of service.

I have not received an invoice.

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20 minutes ago, MikeB35 said:

I have not received an invoice.

 

On 5/6/2019 at 6:39 AM, fisthardcheese said:

JAMS is good about following what the card agreement says about consumer fees. 

Did JAMS invoice PRA yet?

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1 hour ago, MikeB35 said:

Sorry for the delay, I got my Demand, Notice of Intent, JAMS Policy, and Proof of service.

I have not received an invoice.

These are things you sent to JAMS? 

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2 hours ago, fisthardcheese said:

These are things you sent to JAMS? 

No sir, this is what JAMS sent me two weeks ago after I had already submitted the proper packets to them.

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On 5/22/2019 at 3:40 PM, MikeB35 said:
 

No sir, this is what JAMS sent me two weeks ago after I had already submitted the proper packets to them.

Then there is no need to send anything about costs.  They did not bill you.

This is the part where you sit back and use your patience.  No need to keep emailing and pestering JAMS.  JAMS moves slow and they will do what needs to be done on their time now.  Let it happen.  You have everything you  need for court if they want an update.

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2 hours ago, fisthardcheese said:

This is the part where you sit back and use your patience. 

Yes sir! Thanks for the reassurance!

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Got a group Email from JAMS yesterday asking for the $1500 retainer from the Respondent. Do I just let this one go, and wait to see if the JDB responds?

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