Friday 21 June 2013

16. CLAIMANT'S RESPONSE TO VOLUNTARY DISMISSAL


FOR THE RECORD

Dear Miss. Alexander:

Thank you for both your emails.

I can no longer abide the continued legal machinations I am experiencing; hence I am unable to corroborate with your wishes to consent to a voluntary case dismissal. 
My conscience to truth and fact necessitate I uphold the Rules as written by our highest officials. I shall continue my utmost to challenge both your actions, as well as former 'R.M'S'  efforts, best the Superior Court of the Nation allows. 

With Mediation at long last rubber-stamped, this case is overdue for Pre-trial, as I assess matters.
Instead, Defense continues to insist on stretching discovery in to oblivion, demanding, and with the Court allowing, continued irrelevancies. I have exceeded the court's previous orders to comply. I can do no more.

We are 2013. The adjusted Rules of 2010 state clearly: "relevant to any matters in issue!" Recommendations to several statutes: "to introduce best practices for the legal profession and to improve judicial scheduling practices."  

"This reform provides a clear signal to the bar that restraint should be exercised in the discovery process. It strengthens the objective that discovery be conducted with due regard to cost and efficiency. The effects of this reform will be felt by those who abuse the discovery process or engage in areas of inquiry that could not reasonably be considered necessary."

I await the natural progress of your moves, as well as the court's responses and instructions. 

Regards,
Jan Steen

PS: FYI. Outside the almost 6 months with former counsel, and September 2011 representation during one of your Defense's many motions to dismiss this case, I have run my self-representing affairs, single-handed, best I can, without any outside input. 
  
On 19-Jun-13, at 4:49 AM, Alexander, Jill wrote:

Dear Mr. Steen
I am writing to inform you of our intention to bring a motion to dismiss your action against "COMPANY 1234567" pursuant to the Order Master Roger made at the May 8, 2013 case conference.
As you know, Master Roger indicated in his Order that our motion could be brought in writing.  Can you please advise that you are content that we proceed with our motion in writing so that we can avoid the cost of attending at the court house to argue the motion in person?  If you would prefer that our motion be heard orally, we will secure a date from the court on which the motion can be heard and will promptly inform you of that date.
If you consent to our motion being brought in writing we will provide you with our motion materials via email if that is acceptable to you. If you would prefer to receive a hardcopy of our materials, we can make arrangements to have those delivered to you.  I will however require a mailing address as your most recent Notice of Intention to Act in Person did not include your contact information.
May I please hear from you as soon as possible with respect to:
1.       Whether you consent to our motion being brought in writing; and,
2.       Whether you are content to receive an electronic version of our motion materials via email.
If I do not hear from you by the end of the week, we will assume that you are not prepared to consent to our motion being brought in writing and will proceed to make arrangements to have our motion heard orally. 
I look forward to hearing from you.
JILL ALEXANDER

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