Studying abroad: continuance? stay of proceedings?

[dylanh724]

What is the name of your state (only U.S. law)? Hawaii

Hi -- I just got a scholarship to study abroad for an idle civil case that's been inactive for 1.5 years (initiated 2 years ago). No pretrial statement has even been filed by the Plaintiff (I'm the Defendant) and no activity has happened at all.

How can I delay matters by a year (preferably a year and 2 months)? I leave August 22 this year and want to file something as soon as possible (hopefully Monday).

I have been researching and seems like it's either continuance of stay of proceedings. One of them seems to only move a trial date, but no trial date has been set. Which is the best for my situation? I want to make sure they don't file any motions after they see my change of address so I don't default if they want a hearing of some kind randomly.

So maybe motion to continue (or stay of proceedings? or both?); temporary change of address; certificate of service?

Thanks!

EDIT: I found this form: http://www.courts.state.hi.us/docs/form/hawaii/3DC11.pdf

What do you guys think? This form hints that I need to get permission from the Plaintiff first? Can't I just file it and send it to them on the same day, and see if they object thereafter?

 

[sandyclaus]

Stop duplicating the question on multiple threads!!!

Original thread: https://forum.freeadvice.com/civil-litigation-46/moving-studying-abroad-while-pending-court-date-582391.html

 

[dylanh724]

You.. realize that the link you showed me was posted a year ago, right? I ended up not getting that scholarship, and my thread is completely different since i'm not asking anything about dismissal and have provided different information with other questions. Please stop trolling my posts and asking me to "necro bump", which is generally against most forum rules

 

[ecmst12]

Same suit, keep it in the same thread. It's your thread, so it wouldn't be necro posting.

 

[sandyclaus]

You.. realize that the link you showed me was posted a year ago, right? I ended up not getting that scholarship, and my thread is completely different since i'm not asking anything about dismissal and have provided different information with other questions...

Oh, really???

So, first you say this...

...I am a student and planned to study abroad in Spring 2013. What can I do about this? Can I still legally study abroad for 3-4 months in Japan through my university here in Honolulu? I also graduate after Spring 2013 -- if the case is still lingering, I can't even move can I, when I try to find a real job?

I keep hearing it's best to let this go as long as possible and let it try to dismiss on it's own, but should I draft a "ghetto" (I'd use a template and guess based what Google has told me) motion to dismiss for failure to prosecute, or let this go on it's own? They never even filed a pretrial statement!

Nothing in there about a scholarship at all, only that you PLANNED to be studying abroad this year in the Spring. Of course, even without any solid plans, you were already looking to delay this "bogus" lawsuit.

And then, you posted today that:

...Hi -- I just got a scholarship to study abroad for an idle civil case that's been inactive for 1.5 years (initiated 2 years ago). No pretrial statement has even been filed by the Plaintiff (I'm the Defendant) and no activity has happened at all.

How can I delay matters by a year (preferably a year and 2 months)? I leave August 22 this year and want to file something as soon as possible (hopefully Monday)...

So, did you actually get a scholarship or not? Or are you STILL looking for a way to delay this "bogus" case a bit further?

IMHO, it sure sounds like your plans are to just keep delaying the case for as long as you can, in order to try to get the other side to just drop it.

Why haven't you done what you can in the last year to resolve the case already? Unless, of course, it's your intention to never resolve it, which clearly appears to be the case...

 

[OHRoadwarrior]

OP's problem appears to be they have become a professional college student, with mommy and daddy footing their bills. If they would actually join the real world, by getting a job, they could pay any potential judgment. Have you worn out your bicycle yet?

 

[latigo]

What is the name of your state (only U.S. law)? Hawaii

Hi -- I just got a scholarship to study abroad for an idle civil case that's been inactive for 1.5 years (initiated 2 years ago). No pretrial statement has even been filed by the Plaintiff (I'm the Defendant) and no activity has happened at all.

How can I delay matters by a year (preferably a year and 2 months)? I leave August 22 this year and want to file something as soon as possible (hopefully Monday).

I have been researching and seems like it's either continuance of stay of proceedings. One of them seems to only move a trial date, but no trial date has been set. Which is the best for my situation? I want to make sure they don't file any motions after they see my change of address so I don't default if they want a hearing of some kind randomly.

So maybe motion to continue (or stay of proceedings? or both?); temporary change of address; certificate of service?

Thanks!

EDIT: I found this form: http://www.courts.state.hi.us/docs/form/hawaii/3DC11.pdf

What do you guys think? This form hints that I need to get permission from the Plaintiff first? Can't I just file it and send it to them on the same day, and see if they object thereafter?

NO! You don’t want a motion for a continuance. No court will continue a case for the length of time you require. And there is no such animal known as a “motion to stay” in these circustances.

WHAT IS NEEDED is a Motion LOP. A motion to dismiss for lack of prosecution. In which you should request an expedited hearing. (I’m surprised that the court hasn’t dismissed the case on its own motion.)

 

[justalayman]

I would be concerned, given your proposed date of departure, that any action may cause the plaintiff to step up their activities and get this on the calender. Sounds like you are faced with a double edged sword; if you do not do something, the plaintiff may take action once you leave. If you rattle the cage, it may cause the plaintiff to get busy and move the case forward.



Why didn't you do something nearly a year ago when you first asked about this?



Maybe latigo will pop back in and speak to the probabilities of a successful motion of dismissal.

 

[dylanh724]

Easy answer: Full-time job, full-time college, no law experience. No way that mommy and daddy pays my bills or they would have hired me a lawyer and this would be done.

I've been doing legal research for the past year on and off. I'll write something up, then finally find out that I should do something else instead. I found free legal advice a while back due to a job benefit and was told that the Court should dismiss it by itself, but for whatever reason it has not yet which seems to boggle the few attorneys I can find to talk to me.

Whoever told me to "find a real job", show me the software engineers that get hired out of college in this generation where all applications are online and keyword-based (Checkbox the following: High school degree, 2yr degree, 4yr degree, higher degree). I instantly get filtered out. I don't consider McDonalds a real job - I apologize if that's what you do.. Anyway, that's for the guy trolling my thread. Now, back to the OP,

I waited for the summer so I only have a job and no school to research more ..

YES I did get the scholarship and YES I had minimal notice like most scholarships! I applied a year ago and got notification a month ago. I drafted a motion for summary judgment and a motion to dismiss (summary judgment may not work yet since a trial date isn't set yet, but also read that motion to dismiss for failure to prosecute will just rattle their cages and probably be dismissed without prejudice). I wanted to get it done .... but there's no way I could set a court date and file for summary judgment all within the short time frame of leaving next month. On the bright side, I have these both prepared (dismiss is prepped, and the summary judgment is about 70%) so if something needs to roll, I'm ahead.

Am I delaying? I just want this to end. My constant advice is that the court should have dismissed it on it's own so just let it be.

SO here is what I decided:
I'm going to go abroad, give notice change of address. Chances are, they won't do anything, and maybe it'll get dismissed by the courts. IF they do something, I'll respond to the best I can and if they somehow find a way to default me if they want to use bad faith since i'll be abroad, then so be it .. I have no money and no assets, and to hell with it - what are they going to take.

(Like you mentioned above, double edged sword .. they may step up since they know I'm abroad for a year, but it's probably better that action takes place when I have no money and no assets at the moment. I'm living off government stipend.).

If nothing happens by the time i return, and the case is not dismissed by the court for inactivity, then I'll try a motion to dismiss for failure to prosecute .. and if that doesn't work, I'll push for a court date and file a motion for summary judgment and try to get this over with.

What do you think?

(PS -- good to know about the expedited hearing, but had no idea I could have done that! Oh well)