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11 hours ago, fisthardcheese said:

You asked the court to go to arbitration, the court granted YOUR motion.  If this were me, I would file it.  I never understand playing around with "who files".  Filing arbitration is the easiest step.  Not only that, but being the Claimaint in arbitration gives you a little extra leverage.  So just file it.

The only reason I’m asking about them filing is because I am thinking that if they don’t want to go to arbitration, they won’t do anything and it’s basically over. If I file the arbitration and they had no intention of doing it, I am just asking for more and another chance for them to win.. that’s why I was wondering if I should wait and see if they file. 

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The other (albeit slight) danger is that since the contract states that they initiate, if you initiate it could be construed as "your" arbitration and maybe something beyond the CC agreement. Just mentioning this because I believe that argument was used by arbiter in a case where fees were awarded to plaintiff. It just seems like Midland should initiate in cases where that is what the contract calls for.

 

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20 hours ago, WishIWasALawyer said:

The only reason I’m asking about them filing is because I am thinking that if they don’t want to go to arbitration, they won’t do anything and it’s basically over. If I file the arbitration and they had no intention of doing it, I am just asking for more and another chance for them to win.. that’s why I was wondering if I should wait and see if they file. 

You would be the first person this has ever happened to.  I doubt you are that special to Midland.

If you want to be the one back in court explaining to the judge why you haven't followed the court's order and gone into arbitration, that is your choice.  I wouldn't even want to bother with that personally, even if I do have a contract wording that is technically on my side.

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another update:

"Plaintiff respectfully requests that this matter be dismissed with prejudice. Plaintiff no longer wishes to proceed."

Does this really mean this is over???????? 

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8 hours ago, WishIWasALawyer said:

another update:

"Plaintiff respectfully requests that this matter be dismissed with prejudice. Plaintiff no longer wishes to proceed."

Does this really mean this is over???????? 

Boom.  Textbook arbitration use with Midland.

Congrats.  That "with prejudice" is the best you can get.

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