elansus

Being Sued By Crown Asset Management, LLC in Ohio

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I wonder, given the approach taken by the JDB here, if it might be better, when answering the complaint, to simply admit that the defendant had an account with the OC, but not admit to the particular debt or amount in question.  Thoughts, folks?

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54 minutes ago, nobk4me said:

I wonder, given the approach taken by the JDB here, if it might be better, when answering the complaint, to simply admit that the defendant had an account with the OC, but not admit to the particular debt or amount in question.  Thoughts, folks?

You're the Ohio expert, so I bow to your experience and advice. I've only recently participated in CIC Ohio member's cases. This is the first time I recall that an Ohio JDB used the "lacks knowledge or information" pleading response as an explicit denial of being a party to the credit card agreement. I am aware of a Michigan judge denying a MTC arb due to a Michigan defendant's explicit denial of the original creditor's credit card account. The JDB did not make this argument, the judge did. I guess we'll know on Nov. 29 when @elansuslearns the magistrate's decision. 

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Correct. If the magistrate denies my motion I will have plenty of time to file an appeal and I can amend it to admitting to having an account with the OC but not admitting to the debt.

Now I am working on getting these interrogatories, admissions and request for documents since they need to be filed/returned Wednesday this week so I want to get them out tomorrow.

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18 hours ago, elansus said:

Correct. If the magistrate denies my motion I will have plenty of time to file an appeal and I can amend it to admitting to having an account with the OC but not admitting to the debt.

Now I am working on getting these interrogatories, admissions and request for documents since they need to be filed/returned Wednesday this week so I want to get them out tomorrow.

This is discovery sent to you by the plaintiff, correct?  You are planning to object to them, right?  Because if you answer them with anything other than an objection, that could be construed as participating in litigation, which could waive your arbitration rights.

The best response to all of them is: OBJECTION.  Arbitration has been elected, and a jurisdictional motion is pending in this court.  The scope of discovery is to be determined by the arbitration forum.

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Update: The non-oral hearing date set by the magistrate has come and gone (Nov 29th) and just today a Status Conference has been set before the Magistrate for February 12, 2020 at 9:30 AM. Why pushed out so far? The feeling from this status conference is weird.

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23 hours ago, elansus said:

Update: The non-oral hearing date set by the magistrate has come and gone (Nov 29th) and just today a Status Conference has been set before the Magistrate for February 12, 2020 at 9:30 AM. Why pushed out so far? The feeling from this status conference is weird.

Well, to be maybe a little snarky here, most lawyers and judges do virtually no work during the month of December.  Holidays, you know.  They get back to business after the first of the year.

Is there any indication of what this conference will be about?  What you will need to prepare for it?  Has the MTC Arb been ruled on?

 

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23 hours ago, elansus said:

Update: The non-oral hearing date set by the magistrate has come and gone (Nov 29th) and just today a Status Conference has been set before the Magistrate for February 12, 2020 at 9:30 AM. Why pushed out so far? The feeling from this status conference is weird.

IIRC, you had a motion hearing with oral argument for your MTC. The magistrate at the hearing gave you leave to file a reply brief to the JDB's opposition to your MTC. Your reply brief was due Nov. 22. The magistrate was to rule on your MTC on Nov. 29. Have you asked the court clerk or the magistrate's assistant (if he has one) whether that ruling has been postponed, or if not, how long before the ruling is released? 

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Hi guys! Sorry for the delay, was away for the weekend. 

 

Brotherskeeper, you are correct. I never received a ruling for my MTC Arb yet. I was watching for it for about a week when I seen they scheduled the status conference, and no idea exactly what that status conference is supposed to be for and no indication for what it is for either. 

 

I triee to call the clerk’s office last week with no luck. I will try tomorrow when they open. Thanks for checking in, I will update you with what i find out next. 

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Update: Finally received the Magistrate's Order:

This matter came before the court  for ruling upon Defendant's Motion to Compel Arbitration, and Stay Proceedings. After review of Defendant's motion, the court finds the Motion to Compel Arbitration and Stay Proceedings well-taken and is hereby granted. This matter shall be STAYED for 60 days to allow this parties to initiate Arbitration Proceedings. This case shall be set for a Status Conference by at 9:30 a.m. on February 12, 2020.

Looks like I got it! Now to file with JAMS and see what will happen. Not sure why both weren't uploaded at the same time but I'll take it no matter!

Brotherskeeper and LaneBlane plus everyone else, thank you so much for helping me get this far. Now to wait and see what happens. Hopefully I can push for walk-away w/ Prejudice

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1 hour ago, elansus said:

Update: Finally received the Magistrate's Order:

This matter came before the court  for ruling upon Defendant's Motion to Compel Arbitration, and Stay Proceedings. After review of Defendant's motion, the court finds the Motion to Compel Arbitration and Stay Proceedings well-taken and is hereby granted. This matter shall be STAYED for 60 days to allow this parties to initiate Arbitration Proceedings. This case shall be set for a Status Conference by at 9:30 a.m. on February 12, 2020.

Looks like I got it! Now to file with JAMS and see what will happen. Not sure why both weren't uploaded at the same time but I'll take it no matter!

Brotherskeeper and LaneBlane plus everyone else, thank you so much for helping me get this far. Now to wait and see what happens. Hopefully I can push for walk-away w/ Prejudice

If it were me personally, i would send an offer to the OP  via a Joint Stipulated Dismissal w/prejudice where the OP agrees to Dismiss its case for your agreement to cease pursuit of Arbitration. 

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10 hours ago, elansus said:

Brotherskeeper and LaneBlane plus everyone else, thank you so much for helping me get this far. Now to wait and see what happens. Hopefully I can push for walk-away w/ Prejudice

Congratulations!   Now you just need to file and serve your arbitration demand.

Keep us updated.

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Thanks everyone, especially for all the help! I've got everything ready to send out today and will be getting this taken care of. I couldn't have made it this far without everyone on this forum, and especially LaneBlane and BrothersKeeper for help with my brief.

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