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I agree.... I meant allowing the oral argument 4 days from now with a written reply I have not seen or will see with very little time to review. They send me documents by mail. Will the judge have read everything beforehand?
Also, they challenged my standing as an individual for a corporate contract in the original motion. My response included the assignment of a dissolved corporation where i was sole shareholder and director. In the articles of dissolution I was assigned as follows: " The company shall assign and convey any and all rights, title, and interests of the Corporation; including, but not limited to, any contracts and/or claims under contract, or under contract previous to dissolution or otherwise, to (me) as of and from (date of dissolution)". How could they argue this assignment if they try?
3 counts; a 93a based on fraud, etc.; breach of contract and misrepresentation. Will the judge read the motion and response beforehand and if so in good detail?
Here is what is happening. The court granted the movant a 5 page, 10 day reply. When the clerk saw that a status meeting was on the docket she turned it into an oral argument on the motion which is now three business days from now. She telephoned the parties two days ago. Could it be that the movant will not write a reply but simply make his new arguments orally. If so can I object that he is not sticking to the arguments in the motion? Can I request to file a sur-reply at the oral argument?
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