N
NancyLou9
Guest
What is the name of your state? Ohio
There is some background to this, but the basic points are, for those of you not familiar with this...
1. Sued a private party, pro se, in Court of Common Pleas.
2. Served on December 21, 2003, live and in person.
3. Defendant sent a letter to judge, ex parte, asking if she could attend Rule 16 hearing that was set via telephone, rather than attend in person.
4. Jusge took this to mean she was entering an appearance in the case and gave an extension to file a response to 28 February 2004, rather than granting us a Default in January 2004.
5. Defendant filed a response on 18 February 2004, but it was so badly done, we couldn't make heads not tails of it. The response to the counts either had nothing to do with the accusation or they were ignored completely. Towards the end, the responses were so openly hostile, that they were ridiculous.
6. February 27, 2003, we filed a Motion for Rule 11 Sanctions, asking that the response be stricken and that we be permitted to proceed as tho the response never happened.
7. March 1, judge signs order granting Rule 11 Motion, striking response from the record, however, he gave the defendant until March 31, 2004 to submit another response. Basically, what he said in his order was that she really needed to get an attorney and that should she fail to file a proper response, the matter was "ripe for default/summary judgement" against the defendant.
Now my question(s).
1. Is there anything we can file to get the default now?
a. The defendant has not responded to any of the 39 interro-
gatories we sent with the original complaint.
b. The Defendant has refused to respond to the three
requests for discovery we have made, all CC'd to the court
for the file. All of these were mailed at least 60 days ago.
The interrogatorries were served with the original comp-
laint on 21 December 2003.
c. The Defendant has refused to respond to any correspon-
dance requesting a settlement meeting, to see if this can
be resoplved in a more amicable manner.
I am going to write another, more firm letter tonight, asking that we discuss some kind of settlement, especially since it seems the judge is losing patience with the defendant. I thought that the Rule 11 Sanction motion would have done it, but the judge just keeps giving the defendant more time.
I am open to any and all suggestion.
There is some background to this, but the basic points are, for those of you not familiar with this...
1. Sued a private party, pro se, in Court of Common Pleas.
2. Served on December 21, 2003, live and in person.
3. Defendant sent a letter to judge, ex parte, asking if she could attend Rule 16 hearing that was set via telephone, rather than attend in person.
4. Jusge took this to mean she was entering an appearance in the case and gave an extension to file a response to 28 February 2004, rather than granting us a Default in January 2004.
5. Defendant filed a response on 18 February 2004, but it was so badly done, we couldn't make heads not tails of it. The response to the counts either had nothing to do with the accusation or they were ignored completely. Towards the end, the responses were so openly hostile, that they were ridiculous.
6. February 27, 2003, we filed a Motion for Rule 11 Sanctions, asking that the response be stricken and that we be permitted to proceed as tho the response never happened.
7. March 1, judge signs order granting Rule 11 Motion, striking response from the record, however, he gave the defendant until March 31, 2004 to submit another response. Basically, what he said in his order was that she really needed to get an attorney and that should she fail to file a proper response, the matter was "ripe for default/summary judgement" against the defendant.
Now my question(s).
1. Is there anything we can file to get the default now?
a. The defendant has not responded to any of the 39 interro-
gatories we sent with the original complaint.
b. The Defendant has refused to respond to the three
requests for discovery we have made, all CC'd to the court
for the file. All of these were mailed at least 60 days ago.
The interrogatorries were served with the original comp-
laint on 21 December 2003.
c. The Defendant has refused to respond to any correspon-
dance requesting a settlement meeting, to see if this can
be resoplved in a more amicable manner.
I am going to write another, more firm letter tonight, asking that we discuss some kind of settlement, especially since it seems the judge is losing patience with the defendant. I thought that the Rule 11 Sanction motion would have done it, but the judge just keeps giving the defendant more time.
I am open to any and all suggestion.