My husband and I are suing his ex pro se. We filed the suit in Ohio, ex lives in Colorado.
Background:
3 October 2003 - filed original lawsuit. The torts are intentional infliction of emotional distress, negligent infliction of emotional distress, fraud, loss of consortium, parental for our son, marital for myself and my husband, interference in a familial relationship, defamation, slander, libel and three or four other things, which I can't remember at this time. Attached were 36 interrogatories.
31 October 2003 - Judge states improper service as the certified letter was signed for by someone besides the defendant. Rule 16 Hearing set for 23 January 2004. Denies Default Judgement filing by us.
21 December 2003 - Defendant finally served in person, in her home, in her hands.
27 December 2003 - mail to defendant first request for Discovery, including asking that she respond to interrogatories.
16 January 2004 - Judge receives letter from defendant, ex parte, asking if she can attend hearing via telephone, as a result of financial hardship. Judge cancels hearing, stating the defendant seems to be aware of the proceedings, and gives defendant until 28 February to respond to suit.
21 February 2004 - Defendant file a response. It is improper form and doesn't address any of the counts against her. Filled with slanderous and scandalous material, none of which relates to the case. This response seriously looks as tho defendant is losing her grasp of reality. Again, defendant asks to be permitted to attend any hearings via telephone, now using the excuse that she is afraid of us. No response to the interrogatories is included. I file a Rule 11 Motion for sanctions app. 23 Feb and the judge grants, not giving us any financial reward, but striking her response from the record. Gives defendant until 31 March to file a response.
23 Feb 2004 - Mail supplemental request for discovery, along with a request, again, that she respond to interrogatories.
19 FEb - Mail Final Demand for Discovery, with warning that our next step is to file a Motion to Compel. Ask again that she respond to all interrogatories, including language of Rules of Civil Procedure, stating that she should have already done this.
23 Mar - Defendant files "Verified Motion for Dismissal". Still no response to original filing, interrogatories or discovery requests. The defendant uses the reason for dismissal as "Lack of Personal Jurisdiction" that since none of the torts she is accused of occurred in Colorado, the judge here in Ohio does not have jurisdiction. We are given until 30 April to respond to motion, she is given until 28 May to file a final response and then the motion will be "considered submitted".
What the heck? In my thinking, she has waived her right to the defense of jurisdiction when she asked to attend hearings via telephone and attempted to file a response.
She obviously is getting help on this now, given she's had a sudden and dramatic improvement in both her ability to type forms and address the law, but to claim this after two letters basically granting jurisdiction?
Also, are the proceedings stayed, pending decision on this motion? Can I proceed with my Motion to Compel Discovery, which she was told was our next step in our latest demand for discovery?
Would appreciate any and all advice on this. Sorry for the long post...
Background:
3 October 2003 - filed original lawsuit. The torts are intentional infliction of emotional distress, negligent infliction of emotional distress, fraud, loss of consortium, parental for our son, marital for myself and my husband, interference in a familial relationship, defamation, slander, libel and three or four other things, which I can't remember at this time. Attached were 36 interrogatories.
31 October 2003 - Judge states improper service as the certified letter was signed for by someone besides the defendant. Rule 16 Hearing set for 23 January 2004. Denies Default Judgement filing by us.
21 December 2003 - Defendant finally served in person, in her home, in her hands.
27 December 2003 - mail to defendant first request for Discovery, including asking that she respond to interrogatories.
16 January 2004 - Judge receives letter from defendant, ex parte, asking if she can attend hearing via telephone, as a result of financial hardship. Judge cancels hearing, stating the defendant seems to be aware of the proceedings, and gives defendant until 28 February to respond to suit.
21 February 2004 - Defendant file a response. It is improper form and doesn't address any of the counts against her. Filled with slanderous and scandalous material, none of which relates to the case. This response seriously looks as tho defendant is losing her grasp of reality. Again, defendant asks to be permitted to attend any hearings via telephone, now using the excuse that she is afraid of us. No response to the interrogatories is included. I file a Rule 11 Motion for sanctions app. 23 Feb and the judge grants, not giving us any financial reward, but striking her response from the record. Gives defendant until 31 March to file a response.
23 Feb 2004 - Mail supplemental request for discovery, along with a request, again, that she respond to interrogatories.
19 FEb - Mail Final Demand for Discovery, with warning that our next step is to file a Motion to Compel. Ask again that she respond to all interrogatories, including language of Rules of Civil Procedure, stating that she should have already done this.
23 Mar - Defendant files "Verified Motion for Dismissal". Still no response to original filing, interrogatories or discovery requests. The defendant uses the reason for dismissal as "Lack of Personal Jurisdiction" that since none of the torts she is accused of occurred in Colorado, the judge here in Ohio does not have jurisdiction. We are given until 30 April to respond to motion, she is given until 28 May to file a final response and then the motion will be "considered submitted".
What the heck? In my thinking, she has waived her right to the defense of jurisdiction when she asked to attend hearings via telephone and attempted to file a response.
She obviously is getting help on this now, given she's had a sudden and dramatic improvement in both her ability to type forms and address the law, but to claim this after two letters basically granting jurisdiction?
Also, are the proceedings stayed, pending decision on this motion? Can I proceed with my Motion to Compel Discovery, which she was told was our next step in our latest demand for discovery?
Would appreciate any and all advice on this. Sorry for the long post...
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