I understand that you are called away on other matters from time to time, so no need to apologize when you are delayed in responding to my questions.
I did talk twice to the Judge’s Judicial Assistant today (her name isXXXXX) and she was very nice. In the first call I told her that my Motion for Continuance would be arriving at the Court this afternoon, and asked her if she could pick it up from the clerk who time stamped it and take it to the Judge at her earliest convenience. She said she would email the Clerk’s office and ask them to notify her when it had arrived. She would then go down and pick it up from the Clerk and deliver it to the Judge in her chambers.
I called back again and asked her to please apologize to the Judge on my behalf, for the late submittal of my Motion for Continuance, and to explain that it was due to a very serious bout I had had recently with my C.O.P.D. condition, which required complete bed rest and the use of oxygen in order to breath. I told Jenni that I refer to that respiratory condition in my Motion for Continuance, and that she will see it mentioned there as one of the reasons I need to continue the Hearing beyond Monday the 3rd of March. I cannot breath at all in cold damp weather such as is taking Place in Portland at the moment.
Jenni was very sympathetic and understanding to my requests, both the delivery of the Motion to the Judge when it reached the Court, and to conveying my apology to the Judge for the late submittal. I am confident she will do both in good faith.
I forgot to ask Jenni about how to request a “Telephonic Hearing” in lieu of the normal hearing that is scheduled for Monday the 3rd. I was focused entirely on making sure that the Judge received my written Motion for Continuance today, and I forgot to ask about the Telephonic Hearing option. I am sorry. So until the Court opens again tomorrow, I won’t know if I can submit that request by phone or not. Obviously, if the Judge does not allow the request to be submitted by phone, only in writing, then the option of conducting the Hearing on Monday via phone is off the table.
Just to clarify a remark you made in your last answer, you said “I thought you said that you filed your response to plaintiff’s Motion for Summary Judgment bY sending it with DHL”. No, it wasn’t my response to the plaintiff’s Motion I was saying I sent yesterday via DHL, it was my Motion for Continuance that I sent yesterday.
1st Question: I assumed that if I was not given a continuance of the Hearing on the Plaintiff’s Motion for Summary Judgment set for Monday the 3rd, that I would then have to appear at the Hearing on Monday and present my response in person, in order to give the Judge the opportunity and “justification” for denying the Plaintiff’s request for a Summary Judgment. I will loose by default if I don’t appear, correct? Am I wrong about that?
If the Judge does not rule on my Motion for Continuance by the end of the day tomorrow (Friday the 28th), Jenni said that the Hearing will proceed on Monday morning as scheduled.
2nd Question: May I present my Motion for Continuance as it is currently written in person at the beginning of the Hearing on Monday morning, before the Court hears the Plaintiff’s case supporting their requesting a Summary Judgment? That would be a wonderful idea don’t you think? Maybe I could win the continuance, and put a stop to the Hearing for Summary Judgment right there!
You said something astounding in your last answer that I would like to explore. You said,”By the way, plaintiff’s Attorney probably submitted a “Memorandum of Law in support of its Motion for Summary Judgment” and you are entitled to a copy of the Memorandum because a litigant is entitled to a copy of anything their opponent files with the Court.”
I have double-checked everything I have received to date, including package containing the Plaintiff’s Motion for Summary Judgment, and didn’t find a document entitled “Memorandum of Law in Support of Motion for Summary Judgment”.
What the package contained was:
- Plaintiff’s Motion for Summary Judgment
- Declaration of Plaintiff in support of Motion for Summary Judgment
- Our firm’s check in the amount of $100.00 for MSJ Filing Fee
- Motion for Order of Default
- Declaration in Support of Motion for Order of Default
- Order of Default
- Declaration of Mailing
The only one of these documents that bears any resemblance to the “Memorandum of Law that you described was the Plaintiff’s Motion for Summary Judgment. It containes the following components:
- I Motion
- II Statement of Facts
- III Status of the Pleadings
- IV Argument
- V Conclusion – which simply states, “Because there remain no genuine issues of material facts regarding the validity of the Trust Deed and Note, or s to the existence of a default thereunder, JPMorgan Chase Bank is entitled to a judgment for foreclosure against XXXXX XXXXX.”
I don’t know if that helps or not, but that is what the Attorney for the Plaintiff has given me so far after filing the Motion for Summary Judgment. I hope this information is useful to my defense of the Plaintiff’s Motion for Summary Judgment because it is looking more and more likely that I will have to present a defense against that on Monday morning.
Thank you in advance for answering these important questions.