summary judgment
Sun 12.11.22
It is now 4 years 4 months since I took Landlord and his agent to court, and this week I handed in my response to Landlord’s Motion for Summary Judgment. Responding to such a motion is a complicated affair with definite steps the court demands by certain dates, what may be allowed, the length of documents and so forth.
The first two documents one hands in is Statement of Facts and a Stipulated Record. S of F is a naming of the facts that are pertinent to a case whose complaint is of Disability Discrimination. The stipulated record with its attached exhibits is a description of those exhibits and what role they play in the case. Then the two stipulated facts, i.e. Plaintiff’s and Defendant’s are combined to create this one document for the court. There P and D had a stumble. Along with my Stipulated Record I sent D my Statement of Facts (not asked for.) D concluded that I wasn’t sending the stipulated facts to be combined for the court but was making some inappropriate move which was adding information that the court had not asked for and they sought to strike both of my documents. Thankfully, they had already sent me an email saying they were incorporating my stipulations into the combined record. Sending the documents to them had served the purpose it was intended for, a Combined Stipulated Record.
The court’s next request is for Defendants, the movants of this summary Judgment, to file an Undisputed Statement of Facts to which I Respond. Defendants have a computer glitch which causes them to send in the documents one day past deadline. They ask If I’m willing to accept this unavoidable tardiness. I bargain that I want documents they had denied me in exchange. No dice. They will take their chances with the court. The court forgives this unavoidable mistake. They then have to resend the documents with corrected dates. I file my Response to their Undisputed Statement of Facts.
We have now arrived at the moment where they file their Motion for Summary Judgment and I Respond. In my response I will quote from all 7 of these documents and and all of the combined evidence.
The court has a filing method of organization, the CM/ECF system which numbers every document and every attachment to those documents to which I will quote from. Opposition attorney has stamped its documents with a notation system that is different from the cm/ecf system.
Attached you will find my response to the Motion for Summary Judgment. The court will respond by either granting the summary judgment and the case is over, and I have lost, or they will deny the motion and I prepare for the upcoming trial.