MikeS

Being sued by Midland Credit Management and Portfolio Recovery Associates in Ohio

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12 minutes ago, Robby8900 said:
 

MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION;      i personally would remove the "Magistrate'' name replace with judge 

Additionally if it were me personally, i would remove the entire paragraph above the Wherefore clause, its not needed. your not trying compel arb with this motion its about dismissal regarding the fact you didn't reject the arb clause, therefore, waiving the rights to be at the court. The plaintiff's claims ar subject to arbitration, there the court cannot render judgment be cause 1) both parties right to go to court has been waive by you not rejecting the clause and 2) claims subject to arb, a court has no business ruling on the merits and 3) the arb clause must be enforced as written. its written that you if you dont reject then court is waived that simple. But you can always run into a hard head judge.  

His title is Magistrate. That's what showed up on the pretrial order. I was just trying to use the title that matched. You feel that just citing the 2 U.S. cases are sufficient? 

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You need to object to the plaintiff's discovery requests, on the ground that arb has been elected.  You don't want to answer them as to substance, as that may waive your arb rights.  But you can't just ignore them either.

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18 minutes ago, nobk4me said:
 
 

You need to object to the plaintiff's discovery requests, on the ground that arb has been elected.  You don't want to answer them as to substance, as that may waive your arb rights.  But you can't just ignore them either.

Would I be adding that to the beginning of my MTD or when I receive their discovery requests I send back my response as an objection because I elected arbitration?

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43 minutes ago, MikeS said:
 
 

His title is Magistrate. That's what showed up on the pretrial order. I was just trying to use the title that matched. You feel that just citing the 2 U.S. cases are sufficient? 

right civil cases are heard by magistrates, then their judgments are adopted by the court by the judge. but if it were me i would address the judge

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3 minutes ago, Robby8900 said:
 

right civil cases are heard by magistrates, then their judgments are adopted by the court by the judge. but if it were me i would address the judge

Fair enough.Since I do not know who the Judge would be, I would just replace Magistrate Clark with Judge?

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7 hours ago, MikeS said:

How would I know which one to address? It's Magistrate Clark who is assigned my case.

 

7 hours ago, MikeS said:

How would I know which one to address? It's Magistrate Clark who is assigned my case.

Myself i don't like addressing magistrates, you can if you want it not an issue. 

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11 hours ago, Robby8900 said:

 

Myself i don't like addressing magistrates, you can if you want it not an issue. 

So I looked at the filing online again. Under events it has my trial and lists Magistrate Clark as the Judge but up at the very very top it has some general information and has a line for Case Judge and that says Judge Hoover. Do you still recommend addressing a Judge over the Magistrate? The last thing I want to do is be disrespectful to the Magistrate if he is the one who actually receives the motion. Advice?

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27 minutes ago, MikeS said:

So I looked at the filing online again. Under events it has my trial and lists Magistrate Clark as the Judge but up at the very very top it has some general information and has a line for Case Judge and that says Judge Hoover. Do you still recommend addressing a Judge over the Magistrate? The last thing I want to do is be disrespectful to the Magistrate if he is the one who actually receives the motion. Advice?

Yes, if it were me personally. 

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12 minutes ago, MikeS said:

Here's the new copy. Changes made:

1. addressed Judge Hoover

2. removed the previous paragraph above wherefore and replaced it with 4. demand plaintiff seek arbitration.

 

Looks ok? Any last recommendations?

MTD Arb v3 Final - Portfolio Recovery Associates_Redacted.pdf 2.47 MB · 2 downloads

my suggestion is underneath the judges name MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

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Just now, Robby8900 said:

my suggestion is underneath the judges name MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

Ok I will make that change. Anything else?

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1 hour ago, MikeS said:

Ok I will make that change. Anything else?

Those was my suggestions you do as you wish, but looks reasonable.

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Just now, Robby8900 said:
 
 

Those was my suggestions you do as you wish, but looks reasonable.

I feel pretty good about it and am very appreciative of the help. Major KUDOS to @Robby8900 for the help. I'll let you know how it goes and if this is successful in the suit for PRA I'll submit it with the other card agreement for the Midland suit too.

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17 hours ago, MikeS said:

I feel pretty good about it and am very appreciative of the help. Major KUDOS to @Robby8900 for the help. I'll let you know how it goes and if this is successful in the suit for PRA I'll submit it with the other card agreement for the Midland suit too.

Let us know when the hearing is scheduled, even if it were to be denied they will eventually file a MSJ then you could assert it  again as a material issue. BTW  i am only about 20 minutes North East from stow. 

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2 minutes ago, Robby8900 said:
 
 

Let us know when the hearing is scheduled for, even if it were to be denied they will eventually file a MSJ then you could assert it  again as a material issue. BTW  i am only about 20 north east minutes from stow. 

The trial date is set for October 15. That was set after I sent my answer letter. Should i expect a separate hearing for the motion?

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1 hour ago, MikeS said:

The trial date is set for October 15. That was set after I sent my answer letter. Should i expect a separate hearing for the motion?

The OP will have 14 days to respond to your motion, usually a motion hearing is set

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6 minutes ago, Robby8900 said:
 
 

The OP will have 14 days to respond to your motion, usually a motion hearing is set

I assume if that happens I'll just be reiterating that SCOTUS case law demands these disputes be settled in arbitration? Shouldn't be much more for me to say.

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I just received the Combined Interrogatories, Request for Admissions, and Request for Production of Documents. There's also a CD in there which I have no clue what it is yet. It says "...along with CD, being propounded upon you for answering as it pertains to the above-captioned matter."

Should I answer all of them: OBJECTION. Defendant has elected Arbitration 

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48 minutes ago, MikeS said:

I just received the Combined Interrogatories, Request for Admissions, and Request for Production of Documents. There's also a CD in there which I have no clue what it is yet. It says "...along with CD, being propounded upon you for answering as it pertains to the above-captioned matter."

Should I answer all of them: OBJECTION. Defendant has elected Arbitration 

Notice: Defendant, made Demand upon plaintiff, to arbitrate all claims. See, Defendants Motion to dismiss for lack for subject matter jurisdiction. Therefore defendant, reserves his right to answer discovery question pursuant to the written agreement between parties and upon plaintiff initiating its arbitration claim. 

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5 minutes ago, Robby8900 said:

Notice: Defendant, made Demand upon plaintiff, to arbitrate all claims. See, Defendants Motion to dismiss for lack for subject matter jurisdiction. Therefore defendant, reserves his right to answer discovery question pursuant to the written agreement between parties and upon plaintiff initiating its arbitration claim. 

Perfect. They want the darn thing notarized at the end. Don't they realize there is a pandemic right now? I'll have to look and see if I can find a notary that is open.

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7 minutes ago, Robby8900 said:

Notice: Defendant, made Demand upon plaintiff, to arbitrate all claims. See, Defendants Motion to dismiss for lack for subject matter jurisdiction. Therefore defendant, reserves his right to answer discovery question pursuant to the written agreement between parties and upon plaintiff initiating its arbitration claim. 

 

Just now, MikeS said:

Perfect. They want the darn thing notarized at the end. Don't they realize there is a pandemic right now? I'll have to look and see if I can find a notary that is open.

I forgot. Their letter is a bit confusing. They I send those back to the Plaintiff. Do I also file it with the court myself?

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6 minutes ago, MikeS said:

 

I forgot. Their letter is a bit confusing. They I send those back to the Plaintiff. Do I also file it with the court myself?

if your reserving your right to pursue discovery when they initiate arb, which they most likely wont, you don't need to get it notarized because your not gonna answer the question until sometime i arb if they even file an arb claim. 

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