On January 16, I should have won this case — it should have been over. When a defendant fails to file an answer by the deadline, the case moves into default, meaning I was entitled to default judgment under the rules. Frank’s Motion to Strike hadn’t been ruled on yet, and it was clearly procedurally…
Plaintiff
Instead of filing an answer like required, Frank McGraw, in a desperate move, filed a Motion to Strike under Rule 12(f) and tried to claim that doing so automatically extended their time to answer by 20 days — which is factually incorrect. Under the law, filing a Rule 12 motion only extends the deadline if…
Investigator Bynum did not respond to my request for a formal written notice for delay. So I wrote to the Director, Jonathan Ekblad, expressing serious concerns about the delay, the lack of formal notice, and the harm the ongoing retaliation was causing me in court.
Instead of addressing the problem, Ekblad responded defensively, claiming…
Right around the time the defendants' answer was due in district court, the procedural games began. On January 9, Frank emailed me for the first time stating that Anna was looking for new counsel — without explaining why. He claimed she had been searching since December 16, but I didn't take it seriously. If she…
After Christmas, I never heard back from the investigator. Out of respect, I decided to wait and give her space because of the holidays.
I finally followed up on January 7th, but got no response. When I followed up again on January 9th, I was told the determination was still "in progress."
This…
To ring in the New Year, I spent it writing up the Request for Admissions. These are formal statements that the opposing party must admit or deny under oath.
They are used to narrow the issues for trial by establishing certain facts as true ahead of time. If they fail to respond within the…
On Christmas Day (and my favorite holiday), I spent it writing up my request for discovery. I sent the Request for Documents and Interrogatories the next day. These are formal discovery tools used to gather evidence. The Request for Documents asks the opposing party to produce specific records, emails, or other materials related to the…
While most people were busy enjoying the holidays, I was busy trying to protect my case. The trial was scheduled quickly, which it's supposed to be for a trial de novo. This just means starting with a clean slate — and past judgments and actions in the lower court aren't supposed to interfere with your…
Stated the respondents declined my conciliation offer without providing a counteroffer. She said she was reviewing all evidence and would issue a final determination "right after Christmas."
Email Chain Promising Determination Coming
After receiving the arbitration ruling, I filed my Notice of Appeal and moved the case to district court by filing a Demand for Trial de Novo on December 16, 2024. Along with it, I filed an Amended Complaint. The core of the complaint stayed largely the same, continuing to allege breach of contract and unfair…