David Merrill wrote:
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It is against the fiduciary interests of the Bank and Fund to rule dismissal just because the Bank defaulted (with MADDOG's case). So I am supposing that may be a little hurtful to point out the judge's silence. But if he went silent that is his reluctance to become a judge at all.
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BINGO, David... and
AMEN!!! LOL
David Merrill continued:
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I have simply grown accustomed to this as a routine with Libel of Review in admiralty. I was not intending to insult MADDOG if the judge/magistrate has indeed gone silent and will not address the motion.
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No insult taken, David. I understood what you meant! =)
I do not tend to take offense here on suijuris when a regular member offers their opinion... I've carefully read and evaluated people's posts for months, and David, you are someone I trust. I think I know who the spies and disruptive influences are by now.
And you're right, David... I think I cornered the judge. He DID order the Plaintiff to respond to my motion that pointed out all the instances in which the Plaintiff ignored this judge's Motion Practice Order. I basically rammed it down the judges throat that the Plaintiff chronically disregarded his order, was chronically tardy in all of their responses, and expected to get their way without obeying the judge. I appealed to the judge's EGO (rightfully so... the judge DID issue a Motion Practice Order that the Plaintiff's sloppy attorney has ignored, forgotten and/or disregarded out of either arrogance or ineptitude or both!). So the judge actually did a decent thing (IMHO)... he actually ordered the Plaintiff to respond to my motion, and the Plaintiff has now ignored the judge's Order to Respond. Plaintiff is WAY overdue, and the judge has not yet ruled on my motion... he has, indeed gone silent, and I think David's assessment of why is probably right on.
BTW! I have learned from someone else who is fighting a similar case in another state, that the Plaintiff dismissed their case w/o prejudice and did not inform the defendant by mail of the dismissal! The defendant (debtor) checked with the clerk of the court after weeks went by with no action, and found that the Plaintiff had quietly dismissed their case!!! I guess I should check with the clerk this week to see if the Plaintiff has done that in my case, too. If not... should I just "let sleeping dogs lie"???
I've also been told that collections attorneys check Lexusnexus to see how a case is progressing against a particular defendant before they decide to file against that same defendant themselves. I assume that if the present Plaintiff had been doing better in their attack against me, the other 3 banks would have swooped down and "followed suit" (pun intended).