Do I respond to MSJ filed after my MTC arbitration?

[Okiemom]

I filed my motion to compel arbitration the morning of Nov. 4th in person with the court. That same day, in the mail, I received a copy of opposing counsel's motion for summary judgment that was mailed out on October 31st and which was filed with the court on Nov. 7th. I was not aware of the MSJ coming in when I prepared or filed my MTC, with order for judge. As my MTC was filed with the court before opposing counsel's MSJ (though their motion was prepared and mailed out first), would their MSJ even be considered or looked at by the judge before mine? This might sound like a stupid question, but do I need to file a response to the MSJ since my MTC was filed first? I am in Oklahoma. Basically their MSJ just states. Plaintiff's exhibits address each and every element of its claim. With all the elements of its claim proven, and no defenses at issue, there are no issues of material fact remaining. Therefore plaintiff is entitled to summary judgment.

Thank you in advance for any help.

[BackFromTheDebt]

3 hours ago, Okiemom said:

I filed my motion to compel arbitration the morning of Nov. 4th in person with the court. That same day, in the mail, I received a copy of opposing counsel's motion for summary judgment that was mailed out on October 31st and which was filed with the court on Nov. 7th. I was not aware of the MSJ coming in when I prepared or filed my MTC, with order for judge. As my MTC was filed with the court before opposing counsel's MSJ (though their motion was prepared and mailed out first), would their MSJ even be considered or looked at by the judge before mine? This might sound like a stupid question, but do I need to file a response to the MSJ since my MTC was filed first? I am in Oklahoma. Basically their MSJ just states. Plaintiff's exhibits address each and every element of its claim. With all the elements of its claim proven, and no defenses at issue, there are no issues of material fact remaining. Therefore plaintiff is entitled to summary judgment.

Thank you in advance for any help.

I’ve been in that situation myself.  
First and foremost, file an objection to the MSJ on the grounds that your MTC takes the case out of the court’s jurisdiction. Improper venue.  
 

 

[BV80]

14 hours ago, BackFromTheDebt said:

I’ve been in that situation myself.  
First and foremost, file an objection to the MSJ on the grounds that your MTC takes the case out of the court’s jurisdiction. Improper venue.  
 

 

To be specific, the MTC should be heard first in order to determine if the court has jurisdiction to determine the merits of the case.   If it is decided that a valid agreement to arbitrate exists, then the court cannot render a decision on the merits of the case.  

[Okiemom]

Thanks!

Yeah, part of me thinks since I elected arbitration in my Answer and filed the MTC first that the MSJ is invalid and it would be a waste of time to file a reply opposing the MSJ as the judge might take it that my reply means I don't think the matter should be arbitrated but be kept in the court since I responded.

But then the other part worries if I don't oppose the summary judgment by filing a reply on the fact that opposing counsel states there is no defenses at issue, when there clearly is a defense at issue (my affirmative defense of binding arbitration and my election of it), that if the judge does not grant my MTC for some reason, that I will have lost my opportunity to file a reply later and judge will grant the MSJ because I didn't file a reply opposing the MSJ.

[fisthardcheese]

On 11/18/2019 at 3:06 AM, Okiemom said:

it would be a waste of time to file a reply opposing the MSJ as the judge might take it that my reply means I don't think the matter should be arbitrated but be kept in the court since I responded.

Not if your response is that the court has no jurisdiction to hear the MSJ.

On 11/18/2019 at 3:06 AM, Okiemom said:

if I don't oppose the summary judgment by filing a reply on the fact that opposing counsel states there is no defenses at issue, when there clearly is a defense at issue (my affirmative defense of binding arbitration and my election of it), that if the judge does not grant my MTC for some reason, that I will have lost my opportunity to file a reply later and judge will grant the MSJ because I didn't file a reply opposing the MSJ.

bingo

[cedric_86]

On 11/18/2019 at 3:06 AM, Okiemom said:

 

Thanks!

Yeah, part of me thinks since I elected arbitration in my Answer and filed the MTC first that the MSJ is invalid and it would be a waste of time to file a reply opposing the MSJ as the judge might take it that my reply means I don't think the matter should be arbitrated but be kept in the court since I responded.

But then the other part worries if I don't oppose the summary judgment by filing a reply on the fact that opposing counsel states there is no defenses at issue, when there clearly is a defense at issue (my affirmative defense of binding arbitration and my election of it), that if the judge does not grant my MTC for some reason, that I will have lost my opportunity to file a reply later and judge will grant the MSJ because I didn't file a reply opposing the MSJ.

Any update to what happened?  I'm in this situation now.