Need Help - Plaintiff filed Motion for Summary Disposition after I filed my MTC

[snowbudies]

I'm being sued by Cavalry SPV I, LLC on behalf of Synchrony Bank in Florida. They originally filed the suit on 6/1/2020 but never served me, the court had a hearing on 10/19/2021 wanting to dismiss for lack of prosecution but they ended up giving them 60 more days to serve me from 10/27/2021 which came and went before they finally served me on 1/21/2022.  I'm not sure if I screwed up by not disputing the fact that they served me way past the 60 days but I filed my MTC and denied all claims. I received a response from them in the mail (attached) Saturday that hasn't been filed with the court as of today (was mailed on Wednesday) that is asking for Summary Judgement and I have no idea what to do next. Pre-trial hearing is scheduled for 4/5/22. If anyone has any advice I would greatly appreciate it.

Edited March 22, 2022 by snowbudies
I uploaded the rest of the documents on the Motion for Summary Judgement

[Clydesmom]

2 hours ago, snowbudies said:

I filed my MTC and denied all claims. I received a response from them in the mail (attached) Saturday that hasn't been filed with the court as of today (was mailed on Wednesday) that is asking for Summary Judgement and I have no idea what to do next.

Watch the docket to see if they file that with the court.  If they do you have to file an opposition to their motion otherwise it is automatically granted.  Your opposition is based on 2 reasons:  1:  lack of subject matter jurisdiction you have motioned for arbitration and the court is not the proper forum and 2:  you dispute their claims and wish to arbitrate.  A MSJ presumes there is no dispute.

[snowbudies]

Hi @Clydesmom 

Thank you so much for responding. They filed the motion for summary judgement today, do you know where I can find an example of the opposition motion I need to file? I have been searching the threads but I can't seem to find anything.  Any help would be greatly appreciated. Thank you!!

23 hours ago, Clydesmom said:

Watch the docket to see if they file that with the court.  If they do you have to file an opposition to their motion otherwise it is automatically granted.  Your opposition is based on 2 reasons:  1:  lack of subject matter jurisdiction you have motioned for arbitration and the court is not the proper forum and 2:  you dispute their claims and wish to arbitrate.  A MSJ presumes there is no dispute.

 

[Bulldoger]

here is a response for North Carolina lookup the Florida parallel laws don't get confused with FL court appointed Arbitration laws. Maybe it helps maybe not. Florida is strict about using the court means you waive your arbitration rights a motion may be considered using the courts. Best to submit a Memorandum instead of a Motion. 

[snowbudies]

@Buldoger Good idea, thank you!!

13 minutes ago, Bulldoger said:

here is a response for North Carolina lookup the Florida parallel laws don't get confused with FL court appointed Arbitration laws. Maybe it helps maybe not. Florida is strict about using the court means you waive your arbitration rights a motion may be considered using the courts. Best to submit a Memorandum instead of a Motion. 

 

[Bulldoger]

4 minutes ago, snowbudies said:

@Buldoger Good idea, thank you!!

 

It's a draft outline give you an idea, Look up FL court rules when I helped out in this NC suit they only had 8 days to respond. So check to see how many days you have to respond  don't be late. 

[snowbudies]

@Bulldoger they filed it today, we already have a pre-trial hearing schedule for 4/5 so I'm working on getting this done in the next day or two.

[Bulldoger]

13 minutes ago, snowbudies said:

@Bulldoger they filed it today, we already have a pre-trial hearing schedule for 4/5 so I'm working on getting this done in the next day or two.

Fla. R. Civ. P. 1.510

As amended through February 1, 2022

Rule 1.510 - SUMMARY JUDGMENT

(a)Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense-or the part of each claim or defense-on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court shall state on the record the reasons for granting or denying the motion. The summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard.

(b)Time to File a Motion. A party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party. The movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing.

When is the hearing set for your MTC ? is that what you are referring to pre-trial hearing?  and when is the hearing for MSJ

 

[snowbudies]

@Bulldoger This is what I have so far, would you be so kind as to let me know what you think, I'm so very grateful for your help.

MEMORANDUM REGARDING PLAINTIFF'S MOTION FOR SUMMARY DISPOSITION WHILE MOTION FOR COMPELLING PRIVATE CONTRACTUAL ARBITRATION

Memorandum regarding Plaintiff's Motion for Summary Disposition Pending Motion for Compelling Private Contractual arbitration as per Card Agreement.

The Governing Florida law:

682.03 Proceedings to compel and to stay Arbitration.

(1) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement:

(a) If the refusing party does not appear or does not oppose the motion, the Court shall order the parties to arbitrate.

(b) If the refusing party opposes the motion, the Court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

(2) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the Court shall proceed summarily to decide the issue. If the Court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.

(3) If the Court finds that there is no enforceable agreement to arbitrate, it may not order the parties to arbitrate pursuant to subsection (1) or subsection (2).

(4) The Court may not refuse to order Arbitration because the claim subject to Arbitration lacks merit or grounds for the claim have not been established.

(5) If a proceeding involving a claim referable to Arbitration under an alleged agreement to arbitrate is pending in Court, a motion under this section must be made in that Court. Otherwise, a motion under this section may be made in any court as provided in s. 682.19.

(6) If a party makes a motion to the Court to order Arbitration, the Court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the Arbitration until the Court renders a final decision under this section.

(7) If the Court orders arbitration, the Court on just terms shall stay any judicial proceeding that involves a claim subject to the Arbitration. If a claim subject to the Arbitration is severable, the Court may limit the stay to that claim.

"Florida courts have recognized "arbitration [a]s a favored means of dispute resolution," and, as so, this Court "should resolve all doubts about the scope of an arbitration agreement as well as any questions about waivers thereof in favor of arbitration, rather than against it." EMSA Ltd. P'ship v. Mason, 677 So. 2d 105, 107 (Fla. 4th DCA 1996) (quoting Roe v. Amica Mut. Ins. Co., 533 So. 2d 279, 281 (Fla. 1988))." Ibis Lakes Homeowners As-sociation, Inc. v. Ibis Isle Homeowners As-sociation, Inc., 102 So. 3d 722, 728 (Fla. 4th DCA 2012). Defendant asserts there is 1.) a valid, enforceable, written agreement to arbitrate the disputes of the subject account, 2.) the disputes fall within the arbitrable claims under the Agreement's arbitration clause, and 3.) Defendant has not engaged in active participation in litigation or other acts inconsistent with the right upon learning of the right.

An application has been made to stay action in this Court. Action is pending continuance. Petition and Motion to Compel Private Contractual Arbitration is in continuance for determination on 4/05/2022.

Answer to Plaintiff's summons and complaint has been filed and no further action initiated.

The petition for private contractual Arbitration includes a copy of the card agreement incorporated in the submitted motion documents directing disputes to be settled by private Arbitration.

Summary judgment motions are matters that relate to civil actions, not motions pertaining to arbitration proceedings. See Fed. R. Civ. P. 7(b)

Defendant has not been allowed discovery of genuine disputes as to material facts that exist regarding a number of unresolved issues. Such issues are to be addressed in Private Arbitration proceedings per credit card agreement. Therefore, per Florida laws and rules and Federal Rules, the Court lacks subject matter jurisdiction to act on Plaintiff's Motion for Summary Disposition and should strike it as moot.

When it is apparent on the face of the complaint and the Defendant's motion documents incorporated therein that the parties agreed to arbitrate, the Court should apply the FRCP 12(b)(6) standard for a motion to dismiss for failure to state a claim without any opportunity for discovery.

For reasons stated herein, the Court should strike Plaintiff's Motion for Summary Disposition rendering null and void and have no effect on Defendant's pending application to confirm Private Contractual Arbitration per incorporated agreement attached to Motion to Compel Private Contractual Arbitration per incorporated agreement attached to Motion to Compel Arbitration and deny Motion for Summary Disposition as moot.

[snowbudies]

46 minutes ago, Bulldoger said:

Fla. R. Civ. P. 1.510

As amended through February 1, 2022

Rule 1.510 - SUMMARY JUDGMENT

(a)Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense-or the part of each claim or defense-on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court shall state on the record the reasons for granting or denying the motion. The summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard.

(b)Time to File a Motion. A party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party. The movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing.

When is the hearing set for your MTC ? is that what you are referring to pre-trial hearing?  and when is the hearing for MSJ

 

@Bulldoger Sorry I didn't see your previous reply. I don't have a hearing on the MTC just the pre-trial hearing on the original Summons and there is no other hearing schedule for their Summary Disposition either. I was told the Judge would review the MTC at the Pre-Trial hearing.

[Bulldoger]

I would still file the memorandum to show you don't agree with the MSJ.   

[snowbudies]

@Bulldoger I didn't include the Affidavit for the Credit Card Agreement, should I attach the agreement with the affidavit to the Memorandum now?  Thanks again for all your help!!

[Bulldoger]

Yes you need copy of agreement in the record for judge to rule on MTC. 

 

[snowbudies]

@BulldogerI did include the agreement with the MTC, I just didn't have the notarized affidavit stating that I believe this is the true and correct copy but I included the copy of the agreement.

43 minutes ago, Bulldoger said:

Yes you need copy of agreement in the record for judge to rule on MTC. 

 

 

[Bulldoger]

Then your O.K you can just swear in court that it is the correct copy if it's validity is questioned.

[snowbudies]

@Bulldoger Thank you so much for all your help, you're awesome!!!

[snowbudies]

Hi @Bulldoger I'm not sure if you can help once again. I had the hearing on the original filing and the judge decided that he couldn't make a decision on the MTC and needed to set a trial date which was set for 6/2. Yesterday I got a notice in the mail for a summary judgement hearing that happened yesterday before I got my mail, of course it was granted to the plaintiff because I was a no show so now I need to file a motion to set aside the summary judgement and I'm not sure how to go about that. The hearing was schedule on 5/16 but the plaintiff didn't "mail" the letter until 5/19, in actuality Pitney Bowes Postage says 5/19 but there's no way to know when it was actually delivered to the post office, ultimately I didn't get notice until after the hearing was held which I'm sure was their intent. The judge said the hearing for 6/2 should be vacated but it is still on the books today, can please you give me any advice on what to do next? This attorney has not play nice since the beginning, they filed the case but didn't serve me until 20 months later and only after the hearing for lack of prosecution when the court gave them 60 days to serve me but they didn't serve until 110 days later, unfortunately because I'm new at this I didn't realize that I should have tried to have the case dismissed after the 60 days since they would have been outside the SOL and wouldn't have been able to refile, I'm just not sure it matter, I don't understand how they can have a motion for summary judgement before the hearing that was already schedule. The stress of this whole thing is just killing me.

[Bulldoger]

here is the rule:

(a)Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense-or the part of each claim or defense-on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court shall state on the record the reasons for granting or denying the motion. The summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard.

(b)Time to File a Motion. A party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party. The movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing.

(c)Procedures.(1)Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:

(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or

(B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.

(2)Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.

(3)Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record.

(4)Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.

(5)Timing for Supporting Factual Positions. At the time of filing a motion for summary judgment, the movant must also serve the movant's supporting factual position as provided in subdivision (1) above.

At least 20 days before the time fixed for the hearing, the nonmovant must serve a response that includes the nonmovant's supporting factual position as provided in subdivision (1) above.

(d)When Facts Are Unavailable to the Nonmovant. If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:

(1) defer considering the motion or deny it;

(2) allow time to obtain affidavits or declarations or to take discovery; or

(3) issue any other appropriate order.

(e)Failing to Properly Support or Address a Fact. If a party fails to properly support an assertion of fact or fails to properly address another party's assertion of fact as required by rule 1.510(c), the court may:

(1) give an opportunity to properly support or address the fact;

(2) consider the fact undisputed for purposes of the motion;

(3) grant summary judgment if the motion and supporting materials-including the facts considered undisputed-show that the movant is entitled to it; or

(4) issue any other appropriate order.

(f)Judgment Independent of the Motion. After giving notice and a reasonable time to respond, the court may:

(1) grant summary judgment for a nonmovant;

(2) grant the motion on grounds not raised by a party; or

(3) consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute.

(g)Failing to Grant All the Requested Relief. If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact-including an item of damages or other relief-that is not genuinely in dispute and treating the fact as established in the case.

(h)Affidavit or Declaration Submitted in Bad Faith. If satisfied that an affidavit or declaration under this rule is submitted in bad faith or solely for delay, the court-after notice and a reasonable time to respond-may order the submitting party to pay the other party the reasonable expenses, including attorney's fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions.

FL. R. Civ. P. 1.510

Amended by 317 So.3d 72, effective 5/1/2021; amended by 292 So. 3d 660, effective 1/1/2020; amended October 25, 2018, by 257 So.3d 66, effective 1/1/2019; amended by 199 So.3d 867, effective 1/1/2017; amended by 102 So.3d 505, effective 9/1/2012; amended by 52 So.3d 579, effective 1/1/2011; amended by 917 So.2d 176, effective 1/1/2006; amended by 604 So.2d 1110, effective 1/1/1993; amended by 339 So.2d 626, effective 1/1/1977.

 

looking back i see you did get the motion back in march. 

 

[Bulldoger]

i

[Bulldoger]

On 3/22/2022 at 9:20 PM, Bulldoger said:

I would still file the memorandum to show you don't agree with the MSJ.   

 

did you do this?

On 3/21/2022 at 11:13 AM, Clydesmom said:

Watch the docket to see if they file that with the court.  If they do you have to file an opposition to their motion otherwise it is automatically granted.  Your opposition is based on 2 reasons:  1:  lack of subject matter jurisdiction you have motioned for arbitration and the court is not the proper forum and 2:  you dispute their claims and wish to arbitrate.  A MSJ presumes there is no dispute.

Twenty days after they filed you needed to file a response the the motion for disposition. looks like you were served with the motion and you missed your response date if you didn't file the memorandum on time.  did you or not file the memorandum? 

 

if you did then file a motion to vacate as not given proper notice of hearing and that your MTC predates the MSJ. 

[snowbudies]

@Bulldoger I filed the Memorandum regarding Plaintiff's Motion for Summary Disposition Pending Motion for Compelling Private Contractual Arbitration 3 days after they filed the motion for summary judgement, we had a hearing (was already scheduled) on the original case a few days later where the judge reviewed my MTC but said he couldn't rule on it without a hearing which is scheduled for 6/2. 

[Bulldoger]

If there is a tracking number on Pitney Bowes package go to USPS site and printout package tracking information. 

Attach as appendix.

It will show you that you didn't get notice until after the hearing.  

file motion to vacate judgement 

State you were not notified in time to attend hearing on motion for summary judgement (MSJ)

request judgment be vacate and that at MTC hearing on June 6 defendant, plaintiff,, and  judge can rescheduled (MJS) hearing then if need be.  You were never given an opportunity to voice your opposition to summary judgement due to Plaintiff delaying mailing of the hearing notice which was received after the hearing was held.  

 

[Bulldoger]

The judgement is void.  

Since your MTC has not been denied the court does not have jurisdiction. 

In Florida, a “void judgment” is so defective that it is deemed never to have had legal force and effect, while a “voidable judgment” is a judgment that has been entered based upon some error in procedure that allows a party to have the judgment vacated, but the judgment has legal force and effect unless and until it is vacated. Sterling Factors Corp. v. U.S. Bank Nat. a$$’n, 968 So. 2d 658, 665 (Fla. 2d DCA 2007).

The three most common reasons judgement is void include:

Lack of personal jurisdiction, which occurs when the court that entered the judgment did not properly have jurisdiction over the defendant. See Sterling Factors Corp., 968 So. 2d at 665 (“[A] judgment that is entered against a defendant when the court has no personal jurisdiction over the defendant is generally regarded as a void judgment.”).

Lack of subject matter jurisdiction, which occurs when the court that entered the judgment did not have the authority to hear the plaintiff’s claims. See Sterling Factors Corp., 968 So. 2d at 665 (“A trial court’s lack of subject-matter jurisdiction makes its judgment void.”).

Violation of the defendant’s due process rights to notice and an opportunity to be heard. See Torres v. One Stop Maint. & Mgmt., Inc., 178 So. 3d 86, 89 (Fla. 4th DCA 2015) (“A judgment entered without such notice and opportunity to be heard is void.”).

Similarly, the failure to abide by and strictly follow procedural requirement related to due process. See Green Solutions Int’l, Inc. v. Gilligan, 807 So. 2d 693, 696 (Fla. 5th DCA 2002) (A default entered by the clerk after a written paper is served but not filed is void).

The above  three bolded apply.

how to Draft Motion to Vacate 

copy header from MTC change title to Motion to Vacate Void Judgement

 

I, the undersigned, move this court to set aside the summary judgment in the civil case numbered .............................. on ground of void judgment.

There was a hearing on a MTC filed XX date to determine subject matter jurisdiction on XX date it was continued  to XX date and is still pending. 

At the time of the MSJ hearing the court lacked subject matter jurisdiction because the MTC had not been finalized and the court lack of subject matter jurisdiction above being gatekeeper to determine the outcome of the motion to comply arbitration, see Florida Statute 682.03 (6) and Sterling Factors Corp., 968 So. 2d at 665 (“A trial court’s lack of subject-matter jurisdiction makes its judgment void.”)..  

In addition the defendant's  due process rights to notice and an opportunity to be heard were stripped by Plaintiff's actions wherein they failed to providing defendant notice of hearing until after hearing was conducted. 

(here you explain in detail how the hearing information arrived late reference and attach the tracking information) . 

The handling of the notice of hearing clearly resulted in a clear violation of of the defendant’s due process rights to notice and an opportunity to be heard. See Torres v. One Stop Maint. & Mgmt., Inc., 178 So. 3d 86, 89 (Fla. 4th DCA 2015) (“A judgment entered without such notice and opportunity to be heard is void.”).   

 

____________________                                                                                                     ________________________________________

DATE OF MOTION                                                                                                     APPLICANT’S SIGNATURE 

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

NOTICE OF HEARING TO:   name of plaintiff 

Take notice that a hearing will be held in this Court on  June 2, 2022  on this motion.

 

date___________________________                                              Clerk ________________________________

 

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

It is hereby ORDERED that the motion is [ ] granted [ ] denied [ ] dismissed.

 

date _______________________________                                      Judge________________________________

 

 

file one copy wit court mail one copy CRMRR to plaintiff 

bring a copy to hearing on june 

[snowbudies]

@Bulldoger OMG you are so amazing!!!!! I can't even begin to thank you enough for this. I will get it submitted tomorrow. Thank you is really not enough, if there's anything I can ever do for you please let me know.

24 minutes ago, Bulldoger said:

The judgement is void.  

Since your MTC has not been denied the court does not have jurisdiction. 

In Florida, a “void judgment” is so defective that it is deemed never to have had legal force and effect, while a “voidable judgment” is a judgment that has been entered based upon some error in procedure that allows a party to have the judgment vacated, but the judgment has legal force and effect unless and until it is vacated. Sterling Factors Corp. v. U.S. Bank Nat. a$$’n, 968 So. 2d 658, 665 (Fla. 2d DCA 2007).

The three most common reasons judgement is void include:

Lack of personal jurisdiction, which occurs when the court that entered the judgment did not properly have jurisdiction over the defendant. See Sterling Factors Corp., 968 So. 2d at 665 (“[A] judgment that is entered against a defendant when the court has no personal jurisdiction over the defendant is generally regarded as a void judgment.”).

Lack of subject matter jurisdiction, which occurs when the court that entered the judgment did not have the authority to hear the plaintiff’s claims. See Sterling Factors Corp., 968 So. 2d at 665 (“A trial court’s lack of subject-matter jurisdiction makes its judgment void.”).

Violation of the defendant’s due process rights to notice and an opportunity to be heard. See Torres v. One Stop Maint. & Mgmt., Inc., 178 So. 3d 86, 89 (Fla. 4th DCA 2015) (“A judgment entered without such notice and opportunity to be heard is void.”).

Similarly, the failure to abide by and strictly follow procedural requirement related to due process. See Green Solutions Int’l, Inc. v. Gilligan, 807 So. 2d 693, 696 (Fla. 5th DCA 2002) (A default entered by the clerk after a written paper is served but not filed is void).

The above  three bolded apply.

how to Draft Motion to Vacate 

copy header from MTC change title to Motion to Vacate Void Judgement

 

I, the undersigned, move this court to set aside the summary judgment in the civil case numbered .............................. on ground of void judgment.

There was a hearing on a MTC filed XX date to determine subject matter jurisdiction on XX date it was continued  to XX date and is still pending. 

At the time of the MSJ hearing the court lacked subject matter jurisdiction because the MTC had not been finalized and the court lack of subject matter jurisdiction above being gatekeeper to determine the outcome of the motion to comply arbitration, see Florida Statute 682.03 (6) and Sterling Factors Corp., 968 So. 2d at 665 (“A trial court’s lack of subject-matter jurisdiction makes its judgment void.”)..  

In addition the defendant's  due process rights to notice and an opportunity to be heard were stripped by Plaintiff's actions wherein they failed to providing defendant notice of hearing until after hearing was conducted. 

(here you explain in detail how the hearing information arrived late reference and attach the tracking information) . 

The handling of the notice of hearing clearly resulted in a clear violation of of the defendant’s due process rights to notice and an opportunity to be heard. See Torres v. One Stop Maint. & Mgmt., Inc., 178 So. 3d 86, 89 (Fla. 4th DCA 2015) (“A judgment entered without such notice and opportunity to be heard is void.”).   

 

____________________                                                                                                     ________________________________________

DATE OF MOTION                                                                                                     APPLICANT’S SIGNATURE 

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

NOTICE OF HEARING TO:   name of plaintiff 

Take notice that a hearing will be held in this Court on  June 2, 2022  on this motion.

 

date___________________________                                              Clerk ________________________________

 

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

It is hereby ORDERED that the motion is [ ] granted [ ] denied [ ] dismissed.

 

date _______________________________                                      Judge________________________________

 

 

file one copy wit court mail one copy CRMRR to plaintiff 

bring a copy to hearing on june 

 

[Bulldoger]

It appears the judge at MSJ was not the same judge as in MTC.  probably didn't review case see your response and as just went with what JDB filed. 

I would add that you filed a memorandum on XX date stating that court did not have subject matter jurisdiction and had you been notified were prepare to argue such fact. 

to quote Michelle Obama when they go low you go high.  Don't mention anything on how you feel they did mailed late on purpose  can't prove it so so say it. 

since it's so close to hearing I would hand carry two copies to courthouse. Have clerk stamp then sign at court date then mail second stamped copy plaintiff.