Author Topic: What is next step? After Summary Judgement denied in my favor  (Read 4287 times)

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pro se active

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I recently went to court and I beat the summary judgement!

Am I understanding this correctly?

1. If I move to dismiss there is the possibility that the judge will dismiss without prejudice.

2. If I wait and they finally move to dismiss, I can request that the court  dismiss with prejudice because they filed a frivolous lawsuit.

3. If no one does anything and the time limit is reached and court dismisses will it be with or without prejudice?
 
What are your thoughts???
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Mischievous Smurfy

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Re: What is next step? After Summary Judgement denied in my favor
« Reply #1 on: March 10, 2011 12:28:52 AM »
there is a big difference between ... plaintiff could not establish the facts necessary to award them a summary judgment and plaintiff can prove no set of facts that entitles them to relief

i don't know ... probably would be easier to answer if we knew what they provided to support the MSJ.
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Re: What is next step? After Summary Judgement denied in my favor
« Reply #2 on: March 10, 2011 02:05:23 AM »
The JDB lawyer asked for the SJ to be denied.  When JDB Lawyer handed Judge the affidavit, the judge asked me what I thought of it and I told him the affidavit was naked, Judge then proceeded to read affidavit and said to lawyer first off where is the attachment, the lawyer was holding his xerox copies of statements which were the attachment and didn't hand them over because he knew what was in my brief and knew they didn't hold water.  That is how it ended.  I later checked the records and found the Judge had written that motion denied evidence missing/not sufficient.
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coltfan1972

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Re: What is next step? After Summary Judgement denied in my favor
« Reply #3 on: March 10, 2011 02:23:45 AM »
Congrats on defeating their MSJ.  However, that does not mean you now win or their case can still not be proved.  Summary judgement just means that their are no facts to dispute and it would be a waste of time to hold a trial as the case is so obvious. 

I doubt it VERY seriously, but at trial they could call live witnesses to testify about the chain of custody and/or other hearsay evidence.   It just shows the JDB they will have to put on a full case with live witnesses, no hearsay, and prove their case.  They took a shot at an easy victory and it did not work.   It is a good thing for you but is defiantly not the end of the case. 

FYI I sued a JDB and we both sides filed Motions for Summary Judgement.   I lost my motion and they lost theirs.  The case just simply moved to the next stage. 
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.

Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made perverted "one-liners" during his deposition!!

Scroggin called CBOJ'S counsel "a little witch!!"

Scroggin has engaged in the exact type of behavior the FDCPA was designed to prevent.

Scroggin used the FDCPA as a "sword of intimidation!!"

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ, 3:12-cv-128 SWW, Eastern District of Arkansas.

pro se active

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Re: What is next step? After Summary Judgement denied in my favor
« Reply #4 on: March 10, 2011 07:05:03 AM »
Coltfan what was the next stage?
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coltfan1972

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Re: What is next step? After Summary Judgement denied in my favor
« Reply #5 on: March 10, 2011 06:49:06 PM »
The Judge set a jury trail date and gave the other side 10 days to comply with the order to compel that I was granted.  As soon as I issued my first subpoena for the head of the State Board of Collection Agency's to testify on my behalf (the CA was not licensed in my state) they called me and settled.

Obviously I can't speak for all courts but I would say after summary judgements are denied then you either get ready for trial, settle, or one side dismisses is they have no other evidence than they offered at the Motion for Summary Judgement.   In your case if your dealing with a JDB that lost on MSJ then they will most likely throw a low ball offer at you to settle, which I'm sure you will decline, and then do nothing.   After about six months of no activity then move the court to dismiss for lack of prosecution. 
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.

Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made perverted "one-liners" during his deposition!!

Scroggin called CBOJ'S counsel "a little witch!!"

Scroggin has engaged in the exact type of behavior the FDCPA was designed to prevent.

Scroggin used the FDCPA as a "sword of intimidation!!"

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ, 3:12-cv-128 SWW, Eastern District of Arkansas.

mrjaggers

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Re: What is next step? After Summary Judgement denied in my favor
« Reply #6 on: March 10, 2011 07:47:42 PM »
First of all, congratulations.  Well done - beating their MSJ is essentially a win for you.

coltfan is giving you good insight.  Basically, now, the JDB has to proceed to a real trial, with witnesses, evidence, etc.  Although it does happen, more often than not if they cannot win on the SJ motion, you're in the driver's seat.

You can now open the floodgates so to speak with discovery requests if you want; or, alternatively, you can sit back and do nothing.  The burden is on the plaintiff to move the case forward.  Either way is ok, whatever you think is the best strategy.

Since SJ has been denied, they're are not going to be anxious about litigating this.

Congratulations for not letting yourself get railroaded.

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Re: What is next step? After Summary Judgement denied in my favor
« Reply #7 on: March 11, 2011 08:42:41 AM »
Thank you Coltfan and mrjaggers!  They did send a collection letter two days later with 45% marked off their supposed amount due..I laughed.  I am seriously thinking about taking this to my attorney general. The affidavits are suspect.  This is ridiculous that this JDB lawyer lives in a million dollar home and is bringing lawsuits without standing and the court is allowing it because no one will stand up and say enough is enough.  mrjaggers I did use your OSJ brief as inspiration.  Thank You!

Something that makes me chuckle every time I remember it, right after the lawyer told the judge to deny the SJ he added in, "even though its for 33k?" hoping the Judge would change his mind when he heard that. 

They have FDCP violations should I sue them or am I asking for trouble? 
I am not an attorney.  I am just pro se active!

coltfan1972

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Re: What is next step? After Summary Judgement denied in my favor
« Reply #8 on: March 11, 2011 05:37:00 PM »
Only you can really answer that question.   33K is a BIG victory!!  If you are confident that they can't prove their claim then I would sue away.  Like I said earlier, the case still is not over, but it does sound like they have thrown in the towel.  If I had air tight, slam dunk, violations then it would be hard for me too not sue.  However, if I had hard to prove or questionable violations, I might just be happy with what appears to be my victory.   I just enjoyed watching the JDB, in my case, lose everytime we appeared before the Judge, that I automatically lean toward suing when I am asked.  However, the truth is every case is different.  Either way good job!!
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.

Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made perverted "one-liners" during his deposition!!

Scroggin called CBOJ'S counsel "a little witch!!"

Scroggin has engaged in the exact type of behavior the FDCPA was designed to prevent.

Scroggin used the FDCPA as a "sword of intimidation!!"

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ, 3:12-cv-128 SWW, Eastern District of Arkansas.

 

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