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There has not been a motion for summary judgment nor trial for court to hear the argument on both sides. Plaintiff has not provide documentations to proof that I have acted outside of the Power of Attorney instructions. Plaintiff has granted authorization for me to act on her behalf for stocks and financial transactions and had "verbally" and in writing asked me to hide her money. I hid them in stocks. Stocks bombed and now she wants me to pay all the money back to her.
The reason for the opposition is that Plaintiff has not fulfill the burden of proof that I have acted outside of her instruction to handle her money and that she can't move to entry of judgment when the case has not been heard.
1. On or about November 26, 2010, Plaintiff filed a Verified Complaint against Defendant
2. On December 17, 2010, Defendant filed a Response to Verified Complaint.
3. On January 5, 2011, Plaintiff filed an Objection to Dismissal
4. On or about January 25, 2011 Defendant filed a Motion to Dismiss
5. On April 21, 2011 Plaintiff filed a Response to Defendant's Motion to Dismiss
6. On May 27, 2011 Honorable Judge Horton ruled to Dismiss Defendant's Motion to Dismiss on grounds that the "complaint should not be dismissed unless it appears beyond a doubt that a plaintiff can prove no set of facts in support of her claim which would entitle her to relief"
7. On June 11, 2011 Plaintiff filed Motion for Entry of Judgment
8. On June 26, 2011 Plaintiff filed Motion to Entry Default Judgment
My question: How can the Plaintiff file the motion on 7 & 8 when the Motion of Summary Judgment has not been submitted? Do I need to respond?
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