In light of your default status in the above-mentioned case, the upcoming ‘prove-up’ hearing, your request to vacate, and my opposition to it. I thought it would be a good opportunity to give you and your client the benefit of a reality check regarding this lawsuit. Accordingly, this letter sets forth my analysis of my case thus far, and the range of potential damages that can happen. I do encourage you to share this letter with the proper executives at Discover Bank. I welcome any comments you may have based on the evidence. Default Judgement First, let us look at your Request to Vacate Default, which, if granted, would only afford you more time to figure out how you can possibly overcome the mounds of evidence against you. I encourage you to read my Opposition to Vacate, and further, my Case Summary, Memorandum of Points and Authorities with Declaration and Exhibits in the judgement package I have filed. These pleadings discuss some important, but certainly not all, of the factual elements related to this case that you and your clients will have to overcome. In your Request to Vacate, you blatantly pretend you were confused by the meanings of the terms, ‘service’ and ‘proof of service’. This is utterly absurd coming from a licensed attorney. You claim in your pleadings that your only mistake was believing the judge — you actually blamed the judge?? You have also stated via your declaration that you attempted to call me at least two times but could not leave a message. First, my voice mail works fine. Second, combing through my call records, I can indeed say this is just more deception, another lie that you blatantly have told the court. Our judge appeared quite fed up already with what appears to be a flippant attitude towards my lawsuit by your firm. You were not there, and hope your substitute provided you context on the judge’s temperament when ordering the default. His face turned red with contempt as he explained his disappointment with your firms handling of this matter. My call records provide new evidence of lying by you and your firm. Further highlighting your false claim you did not understand proper service had been effectuated on you, that lying is a tactic you are
* 1. excusable default, if such motion is made within one year after service of a copy of the judgment or order with written notice of its entry upon the moving party, or, if the moving party has entered the judgment or order, within one year after such entry; or
Also please be advised that I, Omar Warrad will pursue all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees.
(the defendant). Cruz’s parents sent an email to Fagor on the date of the occurrence detailing said incident, and the defendant responded by denying liability. Cruz filed a complaint against Fagor alleging causes of action for negligence and product liability. Through his attorney, Cruz mailed the summons and complaint addressed to the company’s Chairman of the Board through certified mail requesting a return receipt. The receipt indicated that the envelope was accepted and signed for by an individual at the company headquarters, but Fagor failed to file an answer or make any appearance until after the plaintiff had entered a motion for a default judgment against the defendant. The defendant filed a motion to set aside the entry of default and the default judgment, which the court granted on the grounds that there was no proof that the summons and complaint:
Parties to the Case, Facts of the Case, and Business Reasons for the Dispute (30 points)
Issues: Throughout the trail process on behalf of the court the inquiry for exceptions to the charge inaccuracy developed regarding instructions. The appellant was seeking a claim based of the defense of his
26) Defendant attempted to have Plaintiff put on unpaid leave, but the OAH denied the request.
FACTS -- Subsequent to a failed attempt from the plaintiff to appeal and receive the right to a trial, Harold Caldwell filed a bill of review for a case that was decided with his absence due to a dearth of convenient notification. The contrasting party, Robert Barnes, declared that he hired private process server DeWayne Perdew, to deliver the summon to Caldwell and that the decision made by the lower courts is correct. The decision of lower courts was made during a pretrial hearing, denying Caldwell a trial.
On June 6, 2016, Plaintiff filed a Motion for Default against Defendant, Norman Henson, Jr. However, Defendant believes Plaintiff has not perfected service on Defendant.
Plaintiffs/Counter-Defendants Robert Higgins and Teresa Higgins (the “Higginses”) and Plaintiffs/Counter-Defendants Richard Hargrove and Kathleen Hargrove (the “Hargroves”), by their respective undersigned counsel, hereby submit this Memorandum of Law in Support of their Motion for Summary Judgment.
The plaintiff, First Colonial Bank for Savings entered into an interpleader action in the District court to determine who was entitled to the surplus proceeds from the foreclosure sale. The foreclosed property belonged to the defendants, Robert H. and Sherrell L. Bergeron, and the codefendants, Ford Motor Credit Company, the junior mortgagee of the foreclosed property as a result of corporate restructuring Ford Consumer Finance Company was substituted as the defendant for Ford Motor Credit Company. Both the Bergerons and Ford filed motions for summary judgement as they both felt entitled to the surplus. The district court ruled in favor of Ford Motor Credit Company and denied the Bergerons motion. The Bergerons appealed the decision of the District Court because they argued that they filed for and were discharged from bankruptcy prior to the foreclosure sale, therefore they believed that the security interest granted to Ford prior to their petition does not carry over to the surplus funds received after filing the petition.
When I was present, the plaintiff and defendant were each giving their precedent. The plaintiff’s representative talked James King sent a threatening letter to Judge Seel’s house. In which, he explained descriptive evidence on how King made “threats” to Judge Seel in his argument. James King, on the other hand, was a man with a lot of “problems”. He stated that he was not in the right state of mind when he made the threat to Judge Seel. Also
Now through undersigned counsel, come Defendant, Lauris Hollis ("Defendant"), who respectfully request that this Court grant their Motion for Summary Judgment dismissing the Plaintiff 's claims against him. Defendant move this Court for a Summary Judgment on the grounds that the Plaintiff has no cause of action, no right of action or no interest in the plaintiff to institute the suit and it should be dismissed.
As you know, this is a controverted claim which we are defending on the grounds the claimant is not an employee but rather an independent contractor. At the last hearing we took the testimony of the claimant. The claimant does not speak English and required a Spanish interpreter. The testimony was quite lengthy and we used up the entire time allowance. The Judge terminated the testimony before we were able to completed the claimant’s testimony or the testimony of Mr. George.
We are withdrawing your claim that we filed from the court and advising defense counsel that Johnson Law Group will continue as your attorneys.