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Cavalry fails to appear at Show Cause Hearing


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This week I attended a Circuit Court Clerk issued 'show cause' hearing.  Cavalry SPV 1's collection case against me would be dismissed for lack of prosecution, unless Cavalry demonstrated how the case was moving forward. The Clerk's order for the hearing said something like, 'case will be dismissed for lack of prosecution since no court filings or other actions to move the case forward have occured in the last year'. 'Plaintiff must demonstrate why the case should not be dismissed at plaintiff's expense'.  That's a butchered summary of the hearing notice.  I was certain plaintiff would be there since both sides have filed discovery and returned responses.  In Kentucky Circuit Court, you do not file discovery requests with the court. I think the 'show cause' hearing may be due to Cavalry submitting Motion for Summary Judgement, and then rescinding it a couple days later in November 2018.  

Fast forward to last week.  I show up and as luck would have it, the circuit judge handling the case/docket was not available.  Judge B was filling in and she stated that, 'no rulings would be made on proceedings per Judge A's request'.  When she called for Cavalry SPV 1 vs me,  I approached the bench but Cavalry's attorney was a no show.  If Judge A was presiding, the case would surely have been dismissed and possibly with prejudice since plaintiff failed to appear?  Prejudice or not, I would prefer they have to refile a dismissed case rather than continue the existing one.  Judge B moved the hearing to a new date in August.

Should I file a Motion for Summary Judgement based on Cavalry's absence or wait until the next hearing date and hope Cavalry's counsel doesn't appear?  If I wait and Cavalry's attorney is present, they can easily demonstrate how the case is active and has not been stagnant.  Their failure to appear at the original date would seem irrelevant since I made no objection.  I'm sure I botched this by not objecting, but the Judge made it clear that no rulings were to be made.  There was no notice that the hearing would be rescheduled, so Cavalry's failure to appear seems inexcusable.  I can hope plaintiff's counsel won't show next time, but expect they will.

Any ideas, questions or suggestions are greatly appreciated.  The claim against me is for about $14,000, so I'd obviously like any chance to dismiss with prejudice.  Thank you!

 

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