Can someone tell me what this means, plz ?

[Robbieb66]

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

"The Court has received and considered Plaintiffs’ Motion for Order Requiring First
Empire Financial Group, Inc. to Obtain Counsel and Extension of Deadline for Disclosure of
Expert Witness.
The Court lacks authority to compel any person to obtain counsel. However, Plaintiffs
correctly note that entities may only appear through counsel. In the event FEFG defaults on its
obligations under the rules, Plaintiffs may seek appropriate relief. "

If someone could please clarify the last paragraph it would be greatly appreciated. I'm assuming that it would indicate that plaintiffs' legal counsel would submit a petition for dismissal or summary judgement as a result of the defendants unwillingness or inability to obtain legal counsel. Would this be a fair assumption ?

 

[seniorjudge]

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

"The Court has received and considered Plaintiffs’ Motion for Order Requiring First
Empire Financial Group, Inc. to Obtain Counsel and Extension of Deadline for Disclosure of
Expert Witness. The Court lacks authority to compel any person to obtain counsel. However, Plaintiffs correctly note that entities may only appear through counsel. In the event FEFG defaults on its obligations under the rules, Plaintiffs may seek appropriate relief. "

If someone could please clarify the last paragraph it would be greatly appreciated. I'm assuming that it would indicate that plaintiffs' legal counsel would submit a petition for dismissal or summary judgement as a result of the defendants unwillingness or inability to obtain legal counsel. Would this be a fair assumption ?

FEFG is a corporation.

A lawyer must appear for a corporation.

If the defendant does not get a lawyer, then they will be in default.a

There is no legal way for a corporation to appear pro se (although this happens millions of times a day in the United States).

 

[Robbieb66]

Can I...

file a motion for dismissal or summary judgement based on default myself or does it have to be done through legal counsel ?

 

[seniorjudge]

file a motion for dismissal or summary judgement based on default myself or does it have to be done through legal counsel ?

Who are you?

 

[Robbieb66]

I am...

the plaintiff in a case that involves theft of equity and mortgage fraud. 1st Empire is the defendant in this case and has refused to comply with pretty much all of the court's orders and has not even attempted to obtain counsel. Their past attorneys had advised them to settle and they apparently have refused to do that also. The have lost similar cases in the past and I'm guessing they are straight up broke as a result !

My dilemma stems from our current economic woes as my attorney says that he can longer pursue this case as he himself has taken a huge financial hit due to the loss of several of his big clients going out of business. As a result, I now find myself to be without counsel shortly and would love to end this nightmare if at all possible !

If it is advisable to file a motion for dismissal and if I can do it myself then I want to do so ASAP ! Unfortunately I am not too well versed in Law.

Thank you for your replies.

 

[HomeGuru]

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

"The Court has received and considered Plaintiffs’ Motion for Order Requiring First
Empire Financial Group, Inc. to Obtain Counsel and Extension of Deadline for Disclosure of
Expert Witness.
The Court lacks authority to compel any person to obtain counsel. However, Plaintiffs
correctly note that entities may only appear through counsel. In the event FEFG defaults on its
obligations under the rules, Plaintiffs may seek appropriate relief. "

If someone could please clarify the last paragraph it would be greatly appreciated. I'm assuming that it would indicate that plaintiffs' legal counsel would submit a petition for dismissal or summary judgement as a result of the defendants unwillingness or inability to obtain legal counsel. Would this be a fair assumption ?

**A: you do not have the ability to represent yourself in such action.

 

[seniorjudge]

**A: you do not have the ability to represent yourself in such action.

Our poster (I believe) wants to dismiss the lawsuit.

Go to the clerk and ask her if you can file a memo motion dismissing the things with prejudice, all costs to you.

 

[Robbieb66]

Here's where...

my ignorance, apparently, shows through. What I want is for the Judge to make a ruling based on the Defendants refusal to comply with court orders to submit discoveries and to obtain legal counsel !

This suit has been dragging on for quite awhile and I have been extremely frustrated by the impotence of the legal system to bring the defendants to comply to ANYTHING !

FYI- In this situation I am allowed to represent myself but as the defendants are a corporation they MUST have representation. This much I have learned and this would be the basis for my motion. From what I understand this corporation is on the brink of bankruptcy as a result of the numerous suits brought against them and which leads me to believe they have no intention of ever getting legal counsel despite the fact they are required to do so. I NOT want this case to simply be dismissed ! I want the court to make a decision based on their non-compliance.

 

[FlyingRon]

Are you doing this without a lawyer on your own? As the court told you, they can't force someone to obtain counsel. However they can deal with defendants that do not appear (for failure to obtain counsel or any other reason) and enter default judgements, etc....

 

[HomeGuru]

my ignorance, apparently, shows through. What I want is for the Judge to make a ruling based on the Defendants refusal to comply with court orders to submit discoveries and to obtain legal counsel !

This suit has been dragging on for quite awhile and I have been extremely frustrated by the impotence of the legal system to bring the defendants to comply to ANYTHING !

FYI- In this situation I am allowed to represent myself but as the defendants are a corporation they MUST have representation. This much I have learned and this would be the basis for my motion. From what I understand this corporation is on the brink of bankruptcy as a result of the numerous suits brought against them and which leads me to believe they have no intention of ever getting legal counsel despite the fact they are required to do so. I NOT want this case to simply be dismissed ! I want the court to make a decision based on their non-compliance.

**A: SJ, read the above.

 

[seniorjudge]

**A: SJ, read the above.

I must agree with HG's earlier post:

**A: you do not have the ability to represent yourself in such action.

Rob, your posts are clearly incomprehensible.

 

[HomeGuru]

What, no idiot for a client?

 

[Robbieb66]

What exactly...

is so "clearly incomprehensible" ? You said that I am not able to represent myself in this matter, correct ? You may want to drop a note to the Superior Court of Arizona and advise them of their misinformation then ! Apparently you are a bit smarter than they appear to be and I'm sure they would appreciate your wisdom as to not give misinformation in the future !

Do I want to represent myself in this matter ? Not even a little bit ! But compared to the haphazard approach that seems to oh so common in the legal community I'm not too sure I could a worse job ! Sadly, my respect for the legal community has dropped exponentially based on the "lawyers" I have come across as of late.

I came here for some advice not smartass insults so unless you have something constructive to say I would appreciate no reply at all as an alternative, Homeguru ! Btw, are you even familiar with Az State law ? If not, then please refrain from any further comments ! I'm more apt to believe the information given to me by the Az State Bar, the presiding judges office and several local lawyers than you at this point !

 

[seniorjudge]

is so "clearly incomprehensible" ? You said that I am not able to represent myself in this matter, correct ? You may want to drop a note to the Superior Court of Arizona and advise them of their misinformation then ! Apparently you are a bit smarter than they appear to be and I'm sure they would appreciate your wisdom as to not give misinformation in the future !

Do I want to represent myself in this matter ? Not even a little bit ! But compared to the haphazard approach that seems to oh so common in the legal community I'm not too sure I could a worse job ! Sadly, my respect for the legal community has dropped exponentially based on the "lawyers" I have come across as of late.

I came here for some advice not smartass insults so unless you have something constructive to say I would appreciate no reply at all as an alternative, Homeguru ! Btw, are you even familiar with Az State law ? If not, then please refrain from any further comments ! I'm more apt to believe the information given to me by the Az State Bar, the presiding judges office and several local lawyers than you at this point !

Okay, let's start all over.

Answer these questions:

1. Do you want to dismiss this case?

OR

B. Do you want a summary judgment? (Google)

In your first post, you said:

I'm assuming that it would indicate that plaintiffs' legal counsel would submit a petition for dismissal or summary judgement as a result of the defendants unwillingness or inability to obtain legal counsel. Would this be a fair assumption ?

A dismissal and a summary judgment end in two results which are diametrically opposed.

We have no idea what you're talking about, so clue us in.

 

[HomeGuru]

is so "clearly incomprehensible" ? You said that I am not able to represent myself in this matter, correct ? You may want to drop a note to the Superior Court of Arizona and advise them of their misinformation then ! Apparently you are a bit smarter than they appear to be and I'm sure they would appreciate your wisdom as to not give misinformation in the future !

Do I want to represent myself in this matter ? Not even a little bit ! But compared to the haphazard approach that seems to oh so common in the legal community I'm not too sure I could a worse job ! Sadly, my respect for the legal community has dropped exponentially based on the "lawyers" I have come across as of late.

I came here for some advice not smartass insults so unless you have something constructive to say I would appreciate no reply at all as an alternative, Homeguru ! Btw, are you even familiar with Az State law ? If not, then please refrain from any further comments ! I'm more apt to believe the information given to me by the Az State Bar, the presiding judges office and several local lawyers than you at this point !

**A: too funny. Ok go for it and get out of the position you are in. Good luck.