My Motion below resulted in the Plaintiff filing a Dismissal W/O Prejudice.
The Motion is pretty self explanatory and should be used only after your MTC Arb has been granted.
NOTE 1: The Court, on its own, set a "Status Conference" 4 months after the MTC Arb Hearing, so I came up
with this Motion and decided to run with it.
NOTE 2: I also received a letter from JAMS in early April that the Plaintiff has not paid their fees.
Plaintiff filed a MTD 11 days before the Conference Hearing.
Plaintiff's Atty informed me that they no longer represent FIA.
I informed JAMS and they closed the case and refunded my fee (Trueq's "Nuclear" scenario has begun).
Hope this will help if your circumstances fit.
DEFENDANT’S MOTION FOR SANCTIONS OR, IN THE
ALTERNATIVE MOTION TO DISMISS WITH PREJUDICE
Comes now, Defendant, XXXXX XXXXX, and respectfully requests the Court to Grant this Motion for Sanctions or, in the Alternative, Motion to Dismiss With Prejudice and submits the following:
1 - On January 10, 2011, the Defendant and Plaintiff were ordered into Consumer Private / Contractual Arbitration with JAMS.
2 - Defendant Initiated Arbitration with JAMS on January 21, 2011, including Defendants $127 fee per the Cardholder Agreement. JAMS received Defendants paperwork on January 24, 2011 at their Las Vegas office (Exhibit A).
3 - On January 31, 2011, the Defendant and Plaintiff were sent letters from JAMS requesting the Plaintiff to pay their $550 fee (Exhibit B).
4 - On February 10, 2011, the Defendant and Plaintiff were sent letters from JAMS with a corrected fee amount to be paid by the Plaintiff of $673. This amount includes the $123 portion of the Defendants fee to be paid by the Plaintiff, per the Cardholder Agreement (Exhibit C).
5 - On March 10, 2011, the Defendant and Plaintiff were sent letters from JAMS stating that the Plaintiff has not yet paid their required $673 fee (Exhibit D).
6 - As of January 24, 2011, Defendant has complied with the Order of January 10, 2011 as Consumer Private / Contractual Arbitration with JAMS is Initiated.
7 - Commencement is the next step after initiation of Arbitration. This is being stalled for the past 2 months by the Plaintiff as the $673 fee has not been paid.
8 - The Plaintiff and their attorney regularly file many complaints every month at a cost of thousands of dollars per month. Delay of payment of JAMS fee’s is unreasonable and shows no good faith.
9 - LR3-104. Disciplinary action for failure to comply.
Any willful violation of these rules shall, in addition to other appropriate remedies,
subject the attorney or non-complying party to such disciplinary or other action as the
judges of the third judicial district court shall deem appropriate, including civil contempt.
Wherefore, Defendant respectfully asks this Court to Sanction the Plaintiff and/or their Attorney for willfully violating the Order of January 10, 2011 by not, in good faith, pursuing Arbitration or, as an Alternative remedy, dismiss Plaintiff’s complaint with prejudice.
I state under penalty of perjury that the foregoing is true and correct.