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Sued by MCM in NC


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I tag you on another thread where I put some info.  But I also ran across this talking about court ordered arbitration which was done in you case. 

(b)Exemption and Withdrawal From Arbitration. The court may exempt or withdraw any action from arbitration on its own motion, or on the motion of a party, made not less than 10 days before the arbitration hearing and a showing that:

do you have a hearing date yet?

(1) the action is excepted from arbitration under Arb. Rule 2(a)(1) this does not apply in your case.

or

(2) there is a compelling reason to do so.

So in your motion you need to clearly point out your compelling reason why court arbitration is improper venue as the contract expressly states the correct venue is AAA and that federal arbitration law over rules NC state laws that place this case in NC court arbitration.  

 

Rule 2 - Actions Subject to Arbitration, N.C. R. Ct. Ord. Arb. 2

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3 hours ago, Bulldoger said:

I tag you on another thread where I put some info.  But I also ran across this talking about court ordered arbitration which was done in you case. 

(b)Exemption and Withdrawal From Arbitration. The court may exempt or withdraw any action from arbitration on its own motion, or on the motion of a party, made not less than 10 days before the arbitration hearing and a showing that:

do you have a hearing date yet?

(1) the action is excepted from arbitration under Arb. Rule 2(a)(1) this does not apply in your case.

or

(2) there is a compelling reason to do so.

So in your motion you need to clearly point out your compelling reason why court arbitration is improper venue as the contract expressly states the correct venue is AAA and that federal arbitration law over rules NC state laws that place this case in NC court arbitration.  

 

Rule 2 - Actions Subject to Arbitration, N.C. R. Ct. Ord. Arb. 2

Ok i will look for that tag... any and all information is helpful at this point. I so thank you like for real

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  • 2 months later...

I’m re-posting my earlier post here I might’ve posted in the wrong forum but still in the process of being sued by MCM I have submitted the MTC we had a court date a few days ago and it was continue until next month by Friday i had  a motion for summary judgment in the my mail and I have a few days before court for that to respond

so I’m really unsure of what to do now

what should be my next steps

what do I need to file with the court should I go ahead and file the file with AAA or wait until my court date in next month for the MTC 

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9 hours ago, key22 said:

I’m re-posting my earlier post here I might’ve posted in the wrong forum but still in the process of being sued by MCM I have submitted the MTC we had a court date a few days ago and it was continue until next month by Friday i had  a motion for summary judgment in the my mail and I have a few days before court for that to respond

so I’m really unsure of what to do now

what should be my next steps

what do I need to file with the court should I go ahead and file the file with AAA or wait until my court date in next month for the MTC 

Key22, 

      We can't answer what you need to do until you post Redacted  Motion for Summary Judgement,  You say your MTC was delayed to next month. In MSJ  what are MCM "facts" regarding your MTC, is MCM saying it was denied.  Are they arguing that you have done Discovery and time for Arbitration has passed and should be denied and there is no reason for trial?  Is the motion completely based on the merits of the case bill of sale, statements, admissions. 

     At this point I can only suggest you make a legal argument with case law if possible against each of their statements of fact and find out how many days before court the Judge expects to see your response MSJ make sure your respond is filed in time.    

 

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Thanks 

attached is the MSJ and consent for judgment

as far as the discovery when i filed the MTC my response was “objection-Arbitration has been elected and a jurisdictional motion is before the court the scope if discovery is to be determined by the the arbitration forum “

 

MCM did attach the bill of sale and admission request for documents and interrogatories againBB5FB8DA-9DDE-4BC7-87EB-996C945F275A.thumb.jpeg.060fdadc2501bc7d55fc772b937bfca4.jpegBB5FB8DA-9DDE-4BC7-87EB-996C945F275A.thumb.jpeg.060fdadc2501bc7d55fc772b937bfca4.jpegBB5FB8DA-9DDE-4BC7-87EB-996C945F275A.thumb.jpeg.060fdadc2501bc7d55fc772b937bfca4.jpeg

 

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