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In your response, you can ask not only to deny the motion, but to also grant you the outcome you are seeking as long as your response explains and justifies why the outcome you are seeking is the more reasonable or proper outcome. It would be your objection, where you can ask for a different or more appropriate outcome that does not make it a counterclaim
. You can do all of this in one motion and attorneys do it that way all of the time as you are not making a different claim than he is, you are asking for a different outcome in your demand for relief.
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