elansus

Being Sued By Crown Asset Management, LLC in Ohio - Now in Arb

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Hello all,

Moving my thread as this has now gone to arbitration. It has been about 3 weeks since I received my MTC Arbitration and the paperwork has been sent out to JAMS. Thank you to @MikeB35for his handy sheet to help fill out the Demand for Arbitration Form, and many many thanks to @Brotherskeeper and @LaneBlane and others as I would not have made it to this point without them. Now to sit back and see what happens.

Original thread for reference.

 

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I assume you also sent a copy of everything to the opposing attorney.  

In addition, make sure you have copies of everything for the court.  You will probably have to send copies of the JAMS initiation, and certainly the JAMS acceptance letter, to the court to prove you complied with the MTC.  

 

Good luck!

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2 minutes ago, BackFromTheDebt said:

In addition, make sure you have copies of everything for the court.  You will probably have to send copies of the JAMS initiation, and certainly the JAMS acceptance letter, to the court to prove you complied with the MTC.  

This is excellent advice.  If you haven't started a file to keep things organized, now is a good time to do that.

Good luck!

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Hey all, just wanted to let you know I did end up sending a copy to the opposing attorney. I did keep a copy of everything for myself for court records.

But all was for naught. Within 5 days the opposing counsel sent me their Notice of Dismissal Without Prejudice and the court has accepted it and cancelled all upcoming matters due to case dismissal!

Victory! It wouldn't have been possible without these forums and everyone's help with wording and putting my documents together. Especially @LaneBlane and @Brotherskeeper. Thank you so much guys!

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34 minutes ago, elansus said:
 
 

Hey all, just wanted to let you know I did end up sending a copy to the opposing attorney. I did keep a copy of everything for myself for court records.

But all was for naught. Within 5 days the opposing counsel sent me their Notice of Dismissal Without Prejudice and the court has accepted it and cancelled all upcoming matters due to case dismissal!

Victory! It wouldn't have been possible without these forums and everyone's help with wording and putting my documents together. Especially @LaneBlane and @Brotherskeeper. Thank you so much guys!

Did you consent to the dismissal without prejudice. In Ohio, after you been served the complaint the plaintiff, can't voluntarily dismiss unless you stipulate to it. Personaly, i would go for the dismissal with prejudice. 

 

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Robby, I would love for this to be dismissed with Prejudice, however the court has already dismissed the case. Is there something I should do or something to file requesting dismissal with prejudice?

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1 hour ago, Robby8900 said:

Did you consent to the dismissal without prejudice. In Ohio, after you been served the complaint the plaintiff, can't voluntarily dismiss unless you stipulate to it. Personaly, i would go for the dismissal with prejudice. 

 

RULE 41. Dismissal of Actions


(A) Voluntary dismissal: effect thereof.


(1) By plaintiff; by stipulation. Subject to the provisions of Civ. R. 23(E), Civ. R. 23.1, and Civ. R. 66, a plaintiff, without order of court, may dismiss all claims asserted by that plaintiff against a defendant by doing either of the following:
(a) filing a notice of dismissal at any time before the commencement of trial unless a counterclaim which cannot remain pending for independent adjudication by the court has been served by that defendant;

According to the above, a plaintiff can voluntarily dismiss anytime before trial as long as there is no pending counterclaim. 

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3 hours ago, BV80 said:

RULE 41. Dismissal of Actions


(A) Voluntary dismissal: effect thereof.


(1) By plaintiff; by stipulation. Subject to the provisions of Civ. R. 23(E), Civ. R. 23.1, and Civ. R. 66, a plaintiff, without order of court, may dismiss all claims asserted by that plaintiff against a defendant by doing either of the following:
(a) filing a notice of dismissal at any time before the commencement of trial unless a counterclaim which cannot remain pending for independent adjudication by the court has been served by that defendant;

According to the above, a plaintiff can voluntarily dismiss anytime before trial as long as there is no pending counterclaim. 

Sorry, i was looking at Federal Rule 41

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I sent the paperwork into JAMS but have not yet heard back from them. I am guessing that the plaintiff filed their notice of dismissal before JAMS could send out the paperwork. The court has also already dismissed the case according to the docket.

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On 1/23/2020 at 9:07 AM, elansus said:

Victory! It wouldn't have been possible without these forums and everyone's help with wording and putting my documents together. Especially @LaneBlane and @Brotherskeeper. Thank you so much guys!

Congrats!  Hopefully you'll never hear from them again.

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12 hours ago, elansus said:

I sent the paperwork into JAMS but have not yet heard back from them. I am guessing that the plaintiff filed their notice of dismissal before JAMS could send out the paperwork. The court has also already dismissed the case according to the docket.

On Dec. 10, 2019, you posted in your prior thread:

"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."

Your motion to compel was granted. The matter was stayed by the magistrate for 60 days. A 2/12/20 status conference was scheduled. The JDB plaintiff subsequently filed a dismissal of the court case, without prejudice, which was entered into the court docket. The 2/12/20 status conference will not happen, as the court case is dismissed. 

@elansus You filed a claim demand with JAMS. Did you ever get an assigned JAMS case number? Did Crown respond to JAMS? Has the JAMS case been dismissed or withdrawn? (A dismissal in court is not a dismissal in JAMS.)

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Do I need to file a motion to compel arb before I apply for arb with jams my case is not until feb18 2020

With midland funding . I’m in ga

 

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@Brotherskeeper I apologize about my delay, work has been a huge drain on me lately.

I never did receive a JAMS case number, crown did not respond to JAMS and I've not heard from JAMS whether it has been withdrawn or even dismissed.

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1 hour ago, elansus said:

@Brotherskeeper I apologize about my delay, work has been a huge drain on me lately.

I never did receive a JAMS case number, crown did not respond to JAMS and I've not heard from JAMS whether it has been withdrawn or even dismissed.

I would suggest you look at your JAMS case file and then contact JAMS to get an update. Are you certain you filed your claim demand correctly and sent a copy to the plaintiff via its attorney? 

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I am quite positive. I sent two copies to JAMS and even contacted them over the phone to ensure I sent to the correct office and had the correct information. I sent a copy to the opposing counsel on the same day.

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On 2/3/2020 at 3:29 PM, elansus said:

@Brotherskeeper I apologize about my delay, work has been a huge drain on me lately.

I never did receive a JAMS case number, crown did not respond to JAMS and I've not heard from JAMS whether it has been withdrawn or even dismissed.

If you filed a proper JAMS demand claim, other than a refusal by JAMS to allow the JDB into arb or non-payment of a JAMS invoice, if you haven't received a dismissal communication from JAMS, your claim should still be open. A court dismissal does not dismiss a JAMS case. Contact JAMS and find out the status of your claim. 

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