One Sentence Changed The Entire Hearing! — Judge McNally GOES OFF Instantly

[00:00:00] Speaker 1: me swear affirm under penalties of perjury that the testimonial given these proceedings will be the whole true self you got sir yes ma'am guys you can go right down the hall i signed that [00:00:12] Speaker 2: please like wait wait wait wait look at me i'm at work right now yeah i'm at work kind of watching my surroundings i'm at work i'm a truck driver yeah you're not driving right no no no i'm pointing to the doc but you know i just i gotta keep an eye on this light yeah i'm sorry going i i'll try to say keep it out look at the mirror are you driving no no look i'm i'm i'm standing sitting in the parking lot oh well then what's prohibiting you from looking at me just look [00:00:42] Speaker 1: at me when i okay i'm sorry when i read through when i read through the power of attorney it it gave me those privileges yeah they don't have to you i i'm sorry i cannot allow a non-attorney to appear okay now you might have the power i'm sure you do if you're telling me accurately to go hire the lawyer on his behalf but i cannot let either he has to appear you have to appear i i'm not uh quite sure it's just the funds or property are exempt from garnishment by law and that says the writ was not properly addressed or is otherwise invalid becomes there's improper service to an incorrect address jennifer i don't have any response from the uh plaintiff here [00:01:32] Speaker 3: judge let me look in the file i was out of the office on thursday and friday so if it came in i [00:01:41] Speaker 1: you're gonna have to i don't want to make people come back if this is invalid i'll let you go hire a lawyer let me just put it to you that way mr homan i i can give you a week or two adjournment and you can go get a lawyer okay where was this served at in his face [00:01:59] Speaker 4: it was e-filed um on wednesday you're talking about your response i'm talking about the wreck [00:02:10] Speaker 3: um did you file a response they did your honor they filed a response on the 8th on wednesday i was out of the office so it didn't get attached would you please bring that down i'm printing it now okay [00:02:25] Speaker 1: i'm going to go on to another case i'm going to ask you two to stand by and let me take a quick look at that please lvnv versus sandal taylor file number 2504738 okay everybody everybody's name please [00:02:44] Speaker 4: go ahead olivia appearing on behalf of plaintiff all right [00:02:51] Speaker 5: i didn't receive anything from you ma'am uh i called yesterday she said you she received it on the 7th [00:03:01] Speaker 3: judge i'm printing that as well it's a one-page document she filed it's not [00:03:10] Speaker 4: and plate the file that's reply brief the next day on the 8th and we can adjourn the defendant said that she didn't get her [00:03:21] Speaker 1: now let me take a quick peek at those okay we're going to have to figure out a way to handle that better though jen lvnv sorry i was i understand i understand let's we'll talk about it lvnv versus hancock brian t hancock 260624 gc um the party's here on lvnv versus hancock [00:03:48] Speaker 3: your honor and which [00:03:56] Speaker 1: which case are you calling your honor lvnv versus brian t hancock okay your honor i have not had [00:04:03] Speaker 3: either party check in on that one neither attorney [00:04:14] Speaker 1: i'm glad i was gone for a week this is how things are going to start out today huh okay jefferson capital versus joe tostage two six oh oh two one eight is anybody here on that john can you turn the thermostat down please there is anybody here today besides [00:04:44] Speaker 6: you're both both i'm here with uh defendant on uh synchrony versus council [00:05:04] Speaker 1: synchrony benny versus mark council two six oh one six five six uh good morning your honor j [00:05:11] Speaker 6: beg p36820 on behalf of the plaintiff mr council you're gonna state your name and i'm gonna ask you [00:05:18] Speaker 1: you to take your head off please mr council i'm sorry yes okay stay with me now i need to see your face i'm looking at the ceiling uh there you go tell me your name please mark council did you guys talk about this mr beg [00:05:44] Speaker 6: yes uh at this time we're unable to uh satellite if we can just get a scheduling order with some [00:05:49] Speaker 1: discovery that would be great you owe this amount mr council [00:05:54] Speaker 2: um i don't know uh i have no idea oh data look at me please like wait wait wait wait look at me i'm at work right now yeah i'm at work kind of watching my surroundings i'm i'm at work i'm a truck driver yeah you're not driving right no no no i'm pointing to the dock but you know i just i gotta keep an eye on this light yeah i'm sorry going i i'll try and say keep it out look at the mirror are you driving no no look i'm i'm i'm i'm standing sitting in the parking lot oh well then what's prohibiting [00:06:25] Speaker 1: you from looking at me just look at me okay yeah [00:06:35] Speaker 2: i can't even see you to be honest [00:06:41] Speaker 1: mr council listen to me he they think that you owe four thousand two hundred seventy nine dollars sixty nine dollars and eighty seven cents your answer to complaint is i want to settle out of court sincerely mark council i'm just asking you do you owe this debt [00:07:04] Speaker 2: no i did i know it wasn't that much i don't know how much was it i can't remember sir well then how [00:07:10] Speaker 1: do you know it wasn't that amount listen to me very clear mr council mr council look at me sir [00:07:17] Speaker 2: you're looking ahead i want you to look at me okay i'm sir i'm a truck driver but okay okay okay i need to watch my surroundings make sure nobody tear up my stuff i got a lot of people just driving [00:07:31] Speaker 1: okay but go on i'm sorry i'm i'm working like you are listen i'll tell you what i'm going to do mr beg i'm adjourning the pre-trial defendant to appear in person i don't need you getting smart with me mr council you're working like i am really council i think you should just file your motion you do what you want i'll set it for pre-trial in two weeks i'll set your trial in two weeks at 8 30 defendant to appear in person what date is that uh going to be the 27th your honor you have to be in person december 27th of 26 at 8 30 in the morning if you don't show up i'm going to default you have a good day thank you thank you i'm not in the mood to hear this nonsense this morning granite tele valley versus ronald alan bodges two six oh oh oh oh you're at levine for the plaintiff okay i need you to [00:08:29] Speaker 3: there you go all right your honor we did rid him out of wayne county i've not had the county login yet [00:08:41] Speaker 1: i don't know what to tell you why don't you just do whatever else you got to do mr levine and mute us and when they come in i'll call them okay 9 30 pre-trial with you i think it's with you so you can just check back in well don't i don't want to keep the county waiting if they're putting them in front of the camera there i'll be ready for you so just mute us okay thank you orbit leasing versus preston rose 2601249 uh good morning your honor matthew peipers on behalf of the plaintiff is preston rose here yes i am here preston rose your name preston rose did you two talk mr uh [00:09:23] Speaker 7: uh we we have your honor there's uh settlement discussions ongoing at this point i'm just requesting 60 days of discovery and time for motions if needed but i'm pretty sure this is going to get resolves before then give me one second here [00:09:52] Speaker 1: all right just give me one second and mr kuipers it's matt kuipers a-u-i-p-e-r-s and your p number is 71348 that's correct and i'm filling in for the attorney of record jeremy chisholm all right i'm going to give you until september the 15th of 26 to conduct discovery witness lists are due on august the 15th i'm putting down one half hour for trial okay you don't have to file a trial brief if you choose to it has to be filed and exchanged not later than 27 days before the trial date all motions and responses i don't want witness lists i don't want that kind of thing but anything that's a motion or response to a motion i'll need it in a second copy mark judge's copy we're going to give you a trial date all motions for summary have to be filed and heard not later than 20 days before the trial date why don't you give me one jennifer for the latter part of october october 20th at 10 30. at 10 30. okay so that'll be i'll send out the pre-trial order and uh you should have that i would think by thursday or friday okay anything else uh nothing on this [00:11:24] Speaker 7: matter runner i do have a nine o'clock for capital one and brandy regan okay let me see if i can pull [00:11:29] Speaker 1: that out any questions mr rose so when i'll let you conduct discovery if you think they have documentation or any other item that will help prove that you don't owe all or part of this debt then you can request it in writing from him okay sir so you have a couple months to do that and uh i wish you well i'd continue i'd encourage the two of you to continue talking okay any questions mr rose no sir all right [00:11:58] Speaker 3: good luck thank you um your honor if i may there was a samsung device samsung device i need you to [00:12:08] Speaker 1: identify yourself we have no clue who you are sm5 f9 is on the screen samsung sm5 or f9 you have to identify yourself samsung sm f9 you have to identify yourself you have to start your video [00:12:38] Speaker 3: and tell us who you are judge i've tried taking them to a breakout room as well in order to [00:12:45] Speaker 1: identify them i'm going to go ahead and remove them thank you lvnv versus myron covington 2601895 yes good morning good morning okay miss law good morning your name attorney britney [00:13:08] Speaker 8: law p83917 appearing on behalf of plaintiff and mr covington your name [00:13:14] Speaker 1: myron covington the second sir all right did you two talk ms law we did your honor and we had [00:13:20] Speaker 8: we reached an agreement in this matter good tell me what it is the defendant has agreed to pay a reduced balance of two thousand four hundred dollars over 24 months of a hundred dollars a month and that will begin august 14th of this year and be due on the 14th of each month thereafter and uh [00:13:42] Speaker 1: is the total judgment amount going to be for 2400 even if he doesn't pay in other words you get credit for any payments but if let's say he makes four payments are you saying it's then going to be [00:13:53] Speaker 8: reduced to two uh two thousand correct we did talk if he misses a payment it will go back to the original amount of two thousand nine hundred and seventy eight and is this in the form of consent [00:14:06] Speaker 1: judgment or conditional dismissal consent judgment so sir do you understand what ms lodges told me yes your honor she tells me that you've agreed to pay 2400 with the understanding you'll pay 100 per month a judgment will enter in that amount commencing august 14th and the 14th every month thereafter until paid in full so long as you make those payments the balance will remain 2400 less any payments received so if you pay them all that's it you'll be done in two years if you miss a payment then the judgment amount they're going to file an affidavit of non-compliance and the judgment amount will reflect the balance of 2978 less any other payments that you made do you understand that yes your honor you agree to those terms yes your honor and does ms law have your permission to sign your name to this proposed consent judgment yes your honor any questions at all mr covington no sir all right you are all set thank you very much good luck thank you thank you all right thanks midland credit versus lynette cloud 2601416 john he brought some paperwork here i told him to put up here i want to see what you just grabbed that one you can say yeah all right do i have anybody on midland credit versus cloud no your honor this is going to be called chase a lawyer day again huh what was the other case that you didn't have [00:16:00] Speaker 3: anybody check in lbnb versus hancock it's an sd motion have somebody call them each [00:16:08] Speaker 1: if nobody answers and nobody shows i'm simply going to dismiss the case jeff stanson billy alohi versus sucre singh and michigan truck driving school inc 2601776 r anybody here on that [00:16:36] Speaker 3: i don't have anyone on zoom your honor [00:16:44] Speaker 1: what point am i going to just start dismissing kids that's the question man i don't understand this did i call orbit leasing versus preston rose yet what happened with that nobody here again on that [00:17:12] Speaker 9: uh no that was for the pre-trial oh yeah yeah yeah so that was okay nightfall [00:17:35] Speaker 1: okay all right all right uh this is uh sofi lending versus timothy hallman 18r 2629 [00:18:02] Speaker 4: john john good morning again your honor andrea face for the plaintiff p76952 [00:18:15] Speaker 10: okay and mr that should have been it should have been and i think it's that one right there [00:18:20] Speaker 1: the vinyl thank you uh mr hallman your name robert holman i'm gonna have you take this you're gonna have to get a lawyer how long will it take you to get that for your son um at least a week i'll adjourn it let me give you three weeks we'll adjourn this three weeks and you can make sure you get a lawyer here oh i'm not gonna be here that day am i yeah yeah during three weeks to work would that be uh the third [00:18:55] Speaker 3: yes your honor um i was going to ask you actually if we could add an afternoon that week so could we do it at one o'clock on that monday the third [00:19:04] Speaker 1: yeah okay what do i have in the morning i can't do in the morning probation and department reps august third at one o'clock we'll do this okay i'll have the motion heard but you have to bring a lawyer mr coleman okay yeah very good your honor all right anything else that anybody needs to bring up before i set this aside i'm not from plaintiff your honor no your honor all right we'll see you guys on august the third at one o'clock thank you very much have a great day you too you too [00:19:53] Speaker 4: all right [00:20:09] Speaker 1: is anybody here that has a case right anybody where i don't have to call lawyers [00:20:15] Speaker 3: or have the staff call lawyers your honor uh mr kuipers is here on brandy reagan they're ready we're ready this one capital one versus reagan one six one seven is the case number [00:20:35] Speaker 1: capital one versus brandy reagan two six oh one six one seven [00:20:41] Speaker 7: all right good morning again your honor matthew kuipers on behalf of the plaintiff p71348 [00:20:48] Speaker 1: ms reagan you have to unmute tell me your name please my name is brandy reagan did you two talk and try to resolve this uh we did your honor uh same [00:21:00] Speaker 7: situation settlement discussions are still ongoing plants just requesting and 60 days discovery in time for motions but i'm hoping this will get resolved before motion is filed [00:21:28] Speaker 1: all right so this is what i'm going to do ms reagan uh i'm going to give you the same dates that i gave him the last one and you can correct me if i'm wrong on any of these dates jennifer september 15th will be the discovery cutoff witness list i'm sorry september 15th will be the discovery cutoff there's no jury demand uh there will be no settlement conference witness lists are due on august the 15th you have to file a witness list miss reagan you don't have to file a trial brief if you choose to you have to file and exchange it not later than 20 days before the trial i'm sorry that then uh seven days before the trial date no motions will be heard on the date of trial all motions for summary disposition have to be filed and heard not later than uh 20 days before the trial date okay uh let's see what did you give me again as a trial date on these jennifer october 20th correct 10 30. perfect so i will send these out ma'am i want to know if you have any questions for me at all discovery is the exchange of information if they have documentation that you think will show that you don't know any of the debt or not as much of the debt as they claim you can request those documents in writing you could send them written questions called interrogatories if you so choose okay okay and i'd encourage you to to keep talking do you have any questions for me ma'am yeah you said that i'd have to file a witness a witness list disclosing the names the names of all your witnesses by august the 15th okay if you have witnesses you might not have witnesses okay just myself okay but that's that's all i can say about that okay if you have any other witnesses you need to add them on that witness list too okay okay anything else mr kuypers here you go no that's it your honor thank you you guys have a great day good luck to you miss reagan cd thank you thank you capital [00:23:50] Speaker 3: your honor on the lvnv versus hancock miss law is going to handle that one i just have to get a call [00:23:57] Speaker 1: into mr strauss's office now you guys didn't resolve this miss law [00:24:07] Speaker 8: why are lawyers not showing up i'm sorry and i'm trying to look into that it wasn't on our calendar [00:24:13] Speaker 1: for today well it was on everybody's calendar for today but what time did we have it scheduled jennifer i just don't understand if i got out here an hour and a half late they'd be complaining about me but lawyers showing up more and more late like this it's just disturbing to me it's like how far are we gonna go how far how sloppy are we gonna be [00:24:49] Speaker 3: your honor we had it for 8 30 this morning sorry i was leaving mr strauss 25 i mean [00:25:01] Speaker 1: if you want to hear your motion ma'am i'll be glad ms law i'll be glad to hear it i'm just not going to have us chase people around anymore we're not babysitters over here you want to argue it well i'll tell you what you can call him tell me if he doesn't log in by 9 30 i'm hearing your motion okay thanks christian financial burst in versus uh uh austin ortega 2503014 good morning your honor [00:25:30] Speaker 11: good morning your parents elizabeth butler p809564 plaintiff where's austin ortega do you know he did [00:25:39] Speaker 1: not hear he didn't did you did he send you the items only some of them your honor and i received [00:25:45] Speaker 11: them yesterday afternoon i looked at them still do not have everything we need we were here on june 29th and you generously gave him until today just to send us the documents so we could cancel this hearing and he emailed us that he does not intend to appear he didn't give me everything i i would ask if the court consider a motion for bench warrant he knows he's supposed to be here you know what i i [00:26:10] Speaker 1: usually require a show cause but you know what he was here he didn't bring what he was supposed to bring he was going to send it to you he knew the hearing date i agree with you i'll issue a bench warrant how much do you want what is the amount of the judgment here again for today it's six thousand [00:26:28] Speaker 11: seven hundred eighty seven dollars and sixty cents bench warrant issue two thousand dollars okay two [00:26:35] Speaker 1: thousand cash you can submit that i'll make a 2500 that's just not right ignored court orders that's [00:26:42] Speaker 11: what i'll do thank you very much thank you judge have a good day and for the record i'm sorry give me [00:26:48] Speaker 1: one second here this was scheduled for uh nine o'clock you're on nine o'clock yes now 9 27 thank you [00:26:58] Speaker 3: have a good day thank you samsung device can i get your name please or i'm going to disconnect you judge on the uh lv or i'm sorry midland versus cloud i have left a message uh for plaintiff's counsel on that one as well which one midland funding versus lynette cloud no one appeared neither party and i did leave a message for plaintiff's counsel on that one as well [00:27:42] Speaker 1: what's happening what's happening it really i just i guess i should just start dismissing cases maybe [00:27:55] Speaker 10: people will learn yeah we have theresa roberts and brookston escaping in the courtroom [00:28:04] Speaker 1: lb envy versus theresa roberts 2601897 [00:28:11] Speaker 8: good morning your honor attorney britney law p83917 appearing on behalf of plaintiff [00:28:16] Speaker 1: ma'am your name did we just adjourn this for another pre-trial or something we did your honor [00:28:24] Speaker 8: but the defendant has paid this in full we are sending in a stipulated dismissal this afternoon [00:28:29] Speaker 1: okay so you're dismissing the case with prejudice correct okay is that uh you understand that yes and she has your permission to sign your name to this case the stipulation that will dismiss the case with prejudice meaning that they can't bring the action again arising out of this event transaction [00:28:49] Speaker 12: recurrence you understand that they did send me a letter and then i sent it back but they didn't get it in time to dismiss for today okay were you going to set you're going to send her signed one this [00:29:00] Speaker 1: morning i see okay so send that over i'll just make a note the defendant was here plaintiff attorney here case dismissed with prejudice i'll sign the order when it gets here have a good day do you have any questions ma'am thank you good you don't have to thank me good luck thanks miss law thank you all right so now i also have um i'm calling lvnv versus uh uh brian hancock two six oh six two four miss law did you call mr strauss [00:29:45] Speaker 8: yes your honor i haven't had a chance to reach his office but we do have a consent judgment on this one oh well that's different you guys both signed i have not received a signed copy back from him quite yet it looks like we sent it two days ago [00:30:07] Speaker 1: adjourn to july 27th i'm sure we'll have it by then right yes we'll turn this to july 27th at 8 30 and uh then i will go ahead and sign the order thank you very much do you have another one that is all i have on my calendar hey have a good day thank you all right now i'm going to move on to uh [00:30:33] Speaker 9: thing though where's that i think there's all over the place here [00:30:45] Speaker 1: lvnv versus uh sandal taylor two six or two five oh four seven three eight [00:30:54] Speaker 4: okay appearances please good morning again your honor lynn olivier appearing on behalf of plaintiff [00:31:02] Speaker 1: and miss taylor your name ma'am sandal taylor all right so this is your motion and you can go ahead and argue it [00:31:20] Speaker 4: or summary disposition your honor um you should have in front of you both the answer to plaintiff's motion that defendant filed last week and do you also have plaintiff's reply brief to her response [00:31:34] Speaker 9: right right okay [00:31:39] Speaker 4: so the last time we were here we started plaintiff's motion for summary disposition she admitted that she did have a credit card with credit one bank uh which is the underlying credit card for this matter your honor um you had ordered the defendant to file an answer to plaintiff's motion and she did and she lists three arguments the first one is that she failed to include required disclosures um the plaintiff has failed to include required disclosures um plaintiff does not know what disclosures she is talking about she never articulated anything so plaintiff is unable to respond to that as uh um plaintiff will not speculate as to what the defendant means secondly defendant states that plaintiff used unlawful debt collection practices again she doesn't articulate what she's means by that and plaintiff will not speculate on that either i can frankly today i can tell you what i mean today and for her final argument she says that she's still [00:32:48] Speaker 1: talking i'm sorry your honor i said she is still talking don't interrupt her go right ahead go ahead [00:33:00] Speaker 4: for her our final argument says there's no proof of ownership that is incorrect um plaintiff did provide the bills of sale um defendant however is a non-party to the assignment and she lacks standing to challenge the validity of the assignments but plaintiff did show that each bill of sale is signed by the respective party to be charged i.e by an authorized representative of the entity that is transferring their accounts and further each bill of sale contains language the effect that it is transferring assigning granting or otherwise conveying accounts to the entity that is purchasing the accounts and this type of language which creates a valid assignment under Michigan law um kind of therefore has valid proof that it is the owner of defendant's debt thus defendant's final attempt to create an issue of fact in an attempt to evade liability for a debt that defendant does not deny incurring must fail and plaintiff requests that its motion for summary disposition be granted at this time and then judgment be entered for plaintiff and against defendant [00:34:04] Speaker 1: for the philomont parade is taylor this is basically a letter i adjourned it last time when you told me you didn't receive the motion i gave you another opportunity this is a letter and it's not i understand that you're representing yourself correct but you still there there's still a smidgen of rules that you have to comply with and you don't comply with anything here there's no counter affidavit there's no documentation that you have attached to anything here that creates a material issue of fact i mean there is no genuine issue as to any material fact i'll let you say whatever you'd like to say for the record but and you can feel free to tell me why you [00:34:52] Speaker 5: why i shouldn't enter judgment but your honor um the plaintiff has failed to give me a religion original documentation that's signed um according to the fair uh the fair debt debt credit uh practices act they are using misleading information to get money from from defendants they don't they haven't given me anything stating that i have a signed original contract with the creditor there is nothing they have not given me that anything else i don't have to say sorry i believe that they have they have not given me an original signed credit agreement the original contract they have not given me that stating they can't prove to me that they own this debt your honor okay anything else miss olivia oh your honor planner [00:35:48] Speaker 1: for us on its pleadings defendant uh has failed to raise first of all i have to take all the evidence in the light most favorable to the non-moving heart party here but even even saying that with a letter basically that's three lines addressing the case or i guess four and a half lines there's nothing that creates a genuine issue as to any material fact the court finds there is no issue no genuine issue as to any material fact and will enter judgment in favor of the plaintiff you have 980-04 in in terms of the principal amount what kind of motion fees and costs do you have [00:36:23] Speaker 4: amounts of 111.02 plus a statutory 20 attorney fee for a total judgment amount of 1111 dollars and six [00:36:34] Speaker 1: cents you said 11107 didn't you in costs 11102 11102 and you're saying 20 statutory attorney fee you said this to be the last time i don't know why they're only adding in 20 instead of 75 but that's they're entitled to 75 but if you want to limit it to 20 again that's fine that's 130 102 so do i have a uh a thousand i'm sorry 1111 dollars and two cents is that the total amount you're asking for perk cents 11 11 11 06. where's the other four cents come from i thought you said oh two on the [00:37:19] Speaker 4: cost one yeah the damages of nine damages are 980 dollars and four cents my apologies i thought it was [00:37:27] Speaker 1: you're right thank you one so it's 11 11 06 you submit your judgment and i wish you well ma'am good luck to you thank you thank you have a good day your honor you too thanks thanks tom parisi versus brooks landscaping are we ready on that one or do i have another quicker one here to go through your honor [00:37:48] Speaker 3: this one will be quick mr parisi did not appear mr parisi contacted the court this morning says he has no mode or means of transportation to the courthouse so therefore he could not get here um he was requesting an adjournment i told them that that would be up to the court on whether or not it would be adjourned um he only had the date for 30 days right yes i mean why he says he's disabled and cannot get here but he doesn't have the ability to zoom either because i did ask that question your name [00:38:20] Speaker 1: i mean i mean he had to figure out a way how do you get here and get the paperwork filed you know he mailed it in your honor well he had to figure out between that time which was back in june the early first week of june yeah now yeah he had about 30 days i mean if he can't use zoom and he can't get here i don't know what i can do for him i'm sorry he can file a motion to set aside the dismissal but and i feel bad but you know he got to show up somehow he could have i don't know how badly disabled i feel badly for him but he's either got to learn how to zoom or get here i'm going to dismiss the case you're all set thank you how about samson billy uh alohi versus sakral singh and michigan truck driving school inc 2601776 your honor your honor mr alohi was the samsung that [00:39:37] Speaker 3: we could not get connection with he called the court he's on his way here but the defendants have not checked in with me were they served properly this was a removal from small claims to general civil and i believe it was removed by the defendants [00:39:57] Speaker 1: one but i'm gonna end up giving them a judgment if they don't show up i'm gonna give the plan for judgment uh rogers is not checked in right do i have midland credit versus cloud [00:40:15] Speaker 3: lynette cloud 2601416 is anybody here on that one no your honor i left a message with plaintiff oh i'm sorry [00:40:27] Speaker 13: my name is philippe chicane i'm here on behalf of midland credit but i'm here for lisa robertson and ladaryl garner i don't have um i i don't have the notice to appear for the one that you're calling right now but i can i'm here so if the defendant's here i'd be happy to speak with he or she in the [00:40:47] Speaker 1: breakout room if that's allowable but what was this what was this up for jen your honor i'm pulling it [00:40:53] Speaker 3: back up it just says hearing um was this it was a hearing regarding uh was this regarding the alternate service service [00:41:06] Speaker 1: because they were requesting non tacking yeah we i recall require three things and one of which is tacky mr cicini yes sir so that was a problem that's why i said it for hearing i'm not going to just let you mail by first class and certified mail you're also going to have to tag so i've been doing that for [00:41:32] Speaker 13: decades i understand your honor look this is the first i'm hearing about this case this morning like i said i'm here to appear for two other ones so if you if someone can provide me the case number um [00:41:41] Speaker 1: meanwhile it's 2601416 2601416 okay so you can you can look that up are you here on uh garner yes sir midland credit versus ladaryl k garner [00:41:58] Speaker 13: two six oh four five eight good morning your honor philippe cicini on behalf of the plaintiff midland credit [00:42:06] Speaker 1: mr garner good morning sir your name good morning your honor my name is ladero garner good morning to you did you two talk mr cicini yes we did your honor any resolution uh not today your honor unfortunately all right i'm gonna do the same thing on this one september 15 is discovery cutoff september 15 is discovery cutoff okay and you have one l there too it looks like two l's in your name [00:42:42] Speaker 13: right sir are you speaking with me your honor sir yes so philippe p-h-i-l-i-p-p-e so one l in my first name if that's what you're referring to my eyes are going on me among other things [00:43:01] Speaker 1: and that's six nine nine two eight right yes sir six nine nine all right all right so mr garner do you owe all this debt sir no okay i'm gonna give everybody discovery until september 15th there will be no jury trial nobody made a jury demand witnessless due august the 15th no settlement [00:43:23] Speaker 14: conference i didn't see see there i'm sorry i did did did you see there good good morning good morning your honor my name is ladero garner i respectfully i dispute the uh pain of slain i believe this account is [00:44:02] Speaker 1: so sir sir sir what i'm going to do is i'm going to give you court dates and cutoff dates you have to file a witness list disclosing the names of all your witnesses by august 15th you have to file a uh this guy i'm sorry discovery cutoff which is the exchange of information if they if you think they have something that you think will aid in your defense of the case you can make a written request for it if you want to send them written questions interrogatories you can do that i'm giving you guys until september 15th to conduct discovery i'm giving you guys until august 15th to file your witness list we're going to set a trial date on october the 20th at 10 30 a.m you do not have to file the trial brief but if you choose to file when it has to be filed and exchanged not later than seven days before the trial date and all motions for summary disposition have to be filed and heard not later than 20 days before the trial date okay okay do you have any questions for me sir no i don't i wish you well sir good luck anything else mr sachin not on this one your honor have a great day thank you there you go save you all right jefferson capital versus casey [00:45:27] Speaker 15: cassie harbison 2601006. good morning your honor mimi kalish my p number is 52383 on behalf of the [00:45:37] Speaker 1: plaintiff good morning ms kalish ms uh harbison can you tell me your name please it's cassie harbison [00:45:46] Speaker 15: okay um this is simply a preach preach file right uh it's a date and time for a motion for summary disposition your honor let me make sure of that yes it is [00:46:04] Speaker 1: i don't think i have that gender did you file a response ms harbison no not this last time i only [00:46:16] Speaker 16: did the first court date i didn't i don't think i understood that i was supposed to do you agree that [00:46:22] Speaker 1: you owe this debt yeah i never said i didn't yeah i do okay so you can just give me a little bit of background here ms kalish and i'll be happy to sure your honor uh this case originated with [00:46:39] Speaker 15: comenity bank it was a k jeweler's credit card account the amount in dispute is two thousand four hundred seventy two dollars and thirty two cents plus court costs and a statutory attorney fee it's brought under mcr 2.116 c9 and or c10 it's plaintiff's position that ms harbison has not put forth a valid defense nor are there any material facts at issue for the court to decide we're asking the court to make a decision as a matter of law and to enter a judgment accordingly uh as i said the principal balance is two four seven two three two court costs are in the amount of one hundred and fifty one dollars and [00:47:32] Speaker 1: 48 cents does that include does that include your statutory attorney fee uh it does not i'm not seeing the [00:47:40] Speaker 15: statutory attorney fee and sometimes that's in accordance with the client guideline it doesn't appear that this uh jefferson capital allows for the statutory attorney fee i am getting a total proposed judgment in the amount of two thousand six hundred twenty three dollars and eighty cents and if the court needs me to break down the court costs i can no i don't ma'am do you have anything you want to say you agree that you owe that amount [00:48:08] Speaker 1: yeah there's no genuine issue as to any material fact judgment will enter in favor of the plaintiff and against defendant 262380 is the total amount and you can submit your judgment and i hope you'll work out a payment arrangement with them ms harbison so they're not garnishing wages and everything good luck to you both thank you very much have a great day thank you by chance ms scalish i don't have [00:48:38] Speaker 15: any more today thank you your honor have a good day thank you too thanks good luck ms harbison [00:48:44] Speaker 13: good morning your honor philippe cichini again on behalf of midland credit [00:48:55] Speaker 1: your name ma'am lisa robertson any resolution on this one mr cichini yes your honor uh the defendant [00:49:03] Speaker 13: and i had an opportunity to speak in the breakout room this morning and we have reached a resolution um for this one if you'd like we can put on the record uh the defendant has agreed uh to pay the debt owed of one thousand two hundred sixty seven dollars and thirty four cents she has agreed to make payments of twenty five dollars per month beginning on august 1st to be revisited in one year to see if the payments can be augmented and the defendant has given me permission to sign on her [00:49:36] Speaker 1: behalf your honor it's in the form of a consent judgment true yes your honor i apologize yes in the form of those terms yes sir so you agree that you're one two six seven thirty four and you are agreeing to pay these at the rate of twenty five dollars per month beginning august 1st of 26 correct yes sir and also with the understanding that that installment payment order you've got it worded counsel correct me if i'm wrong that the installment payment order may be reviewed on motion of either party on or after august 1st of 27 is that correct correct god you do yes okay perfect any questions ma'am no sir and does mr ciccini have your permission to sign your name again to that proposed consent judgment yes sir all right you are all set i sincerely wish you well good luck thank you very much have a good day you too sir thank you thanks jasmine owens have a good day counselor do you have [00:50:38] Speaker 13: another one uh your honor i guess i'm just trying to get information from my paralegals regarding the cloud case um i just have an update on the information we received from the process server so i don't know if you'd like to recall that one i'm looking at it right now in real time i'd be reading to you as the first time i'm seeing it so um if you give me a moment if you want to call a case and come back [00:50:59] Speaker 1: take your time take your time i'll go out to another case jasmine versus fountain west 2601734r [00:51:10] Speaker 3: anybody here for fountain west jen yes your honor mr levine is here as well as the representative from [00:51:17] Speaker 1: fountain west okay mr will be you're uh you're representing fountain west correct correct your name all right uh so this is just a pre-trial did you two talk yeah no i'm gonna go ahead and set it for discovery cutoff dates and witness list new dates and that type of thing okay ma'am so here's what i'm going to do and you can feel free to talk to mr levine at any time about the case and see if you can resolve it discovery is permitted it's to be completed by september the 15 of 26. there no motions will be heard on the date of trial all motions for summary disposition have to be filed and heard not later than 20 days before the trial date nobody demanded a jury trial you do have to file a witness list disclosing the names of all your witnesses by august the 15th i'm putting down a one-half hour for trial there will be no settlement conference date you do not have to file a trial brief if you choose to file one you have to file an exchange if not later than seven days before the trial date the trial date will be on october the 20 of 26 and that'll be at 10 30 a.m do you have any questions you understand what i mean by discovery if they have documentation that you think you would like that will bolster or help your case you can request it and write it well this is just a pre-trial and and you have the right to to uh conduct discovery now what i'm doing is for 60 days so you guys can exchange information and if they have an objection they'll tell you but i'd suggest you call mr levine you're saying you're saying that the the apartment was an uncons in an unsanitary and unhabitable [00:53:04] Speaker 17: condition yes let me give you photographs i had the flash drive video and i gave you guys photos um [00:53:15] Speaker 18: leave you check into this mr uh levine yes i did and she never took possession of the apartment and my understanding is she was planning on moving in with another unauthorized occupant when that came up that's when all these issues arose so these are move-in costs she never took possession of the apartment that issue is whether or not she would owe these move-in costs we believe she does and if she believes she doesn't then i think that is a tribal issue for your honor you didn't file a color claim [00:53:46] Speaker 1: did you no just an answer okay um all right look i'll just set these dates you guys can talk and if it's not resolved we'll simply have our trial on october the 15th at 10 30. okay october the 15th at 10 30. anything else ma'am here we go october 20th yeah what did i say i'm sorry you're switching it up on us october the 20th at 10 30. it was off a week i'm a little rusty today 20th 10 30. got it have a good day thanks and i'm going to call your bodges case as soon as he gets [00:54:23] Speaker 18: here well today and i've got some time i got court so did you say something yes judge lisa has emailed [00:54:31] Speaker 3: the jail because we were questioning why he hadn't been logged in yet so we are waiting for a response [00:54:38] Speaker 18: an 8 30 case your honor and i've got court and um if you'll allow me to go on on on mute and i'll come back and this is yeah go ahead and do what you gotta do i mean i don't know why it's an 8 30 case involving allegations where the defendant beat up his neighbor with a baseball bat it was filed in january i think we've had hearings going back since february march april may june now he's in jail for probably for a good reason it might be appropriate honor that we enter a default judgment but how can i do that no answer no answer has been filed no attorneys appeared for the defendant the defendant's not present and the defendant's not present and rid it to be not a second um [00:55:21] Speaker 1: i've taken the position i can't remember who was appearing from your office i believe it was mr landman mr landman's on personal leave right now yes okay well that's fine i hope everything's okay with him it's good man but uh the fact is that i i was the one who said we cannot proceed on a termination of tenancy case when somebody would be incriminating themselves i just don't i cannot proceed to a trial and have lawyers peppering questions at him when he's the sudden that when the incident that that's both is the felonious assault issue and he's in custody and this jail screwed up again i believe this is the second time am i right or wrong jennifer your honor this is the first time [00:56:14] Speaker 3: i've attempted to write him out last time we were unaware he was in jail i can't look i feel for you [00:56:20] Speaker 18: i feel for you i'm not asking for a trial i'm just asking for a default judgment and well how can i he's in custody how can i do that that's not fair notice was sent but your honor it's not fair that his neighbor got beaten in the head with a baseball bat listen it might be the other neighbors have it's it's less of an issue because he's in jail but at some point i think we do need to entertain a default judgment uh well if you want me to wait for the jail i i can i can wait but i need [00:56:51] Speaker 1: to get to another one so if i could come back listen mr levine i don't know when the trial is scheduled i'm not going to go forward or make him go forward before the criminal trial i'm just not going to do it i understand your frustration i get it if this was for non-payment of rent it would be a different story it's not fair for a judge then it might very well be overwhelming evidence i don't know it could be i i think i did preside over the preliminary exam i think um but maybe it was a waiver i don't remember but now they've had a competency exam i think so i'm just going to put it out again i'm sorry give me a date three weeks out we're going to give it august is it the third jennifer one o'clock at one o'clock if you feel that strongly and you want to write a brief and tell me why i'm wrong i'll be glad to i'll be glad to review it i have not always write every time but i just cannot under these circumstances enter a default judgment when they're doing his failure to appear based on the fact that he's in custody and the the county didn't put him out there just keep doing if we [00:58:02] Speaker 18: serve him with this notice and while he's in custody would you entertain a default judgment the next hearing serve him what with what notice notice to appear for august 3rd at 1 pm can i how can i in [00:58:15] Speaker 1: this case for a termination of tenancy i can't do that if you think i'm wrong you can file a brief and i'll be glad to listen to you read it you know think about it but i just can't imagine me changing my mind on this this is not right and i'm not saying that i feel sorry for him in the least [00:58:32] Speaker 18: especially if he's convicted of a felony but a violent felony involving this neighbors the [00:58:40] Speaker 1: allegation wait a minute mr levine you and i always get along good but there is this thing as you know there's this thing called the presumption of innocence this is the united states of america they have to prove the case beyond a reasonable doubt maybe they can prove it by beyond any doubt whatsoever but i can't just just make the assumption because there was a charge lobby that he's guilty i mean jeez if i do that you should even want me off the bench i'm not asking [00:59:09] Speaker 18: you to i'm not asking you for a guilty conviction your honor i'm just asking for the civil judgment and it's a different kind of proof it's a civil it's very ponderous oh thank you well i had to ask and i [00:59:20] Speaker 1: appreciate it thanks a lot see you on the third one thank you excellent excellent repair llc versus waymo freightliner llc do i have uh excellent repair llc here yes sir are you guys opponents oh you're both for excellent repairing okay where's uh waymo freight llc [00:59:51] Speaker 19: your name sir you got to spell it for me will you do that please i'm o h a m m d and your last name more [01:00:00] Speaker 1: important okay thank you and ma'am what is your name thank you jennifer was there proper service here [01:00:17] Speaker 3: your honor it was served by certified mail i should be a printed and attached to your packet [01:00:26] Speaker 1: well somebody signed on behalf of the company at 419 cedar avenue south in minneapolis minnesota i want who's the principal of this you both or what that's fine oh we're both partners i mean well let me ask you both to raise your right hands you soundly swear a firm under penalties of perjury that the testimonial given these proceedings will be the whole true self you got sir yes ma'am okay so what happened here who wants to tell me um so this is a [01:00:57] Speaker 19: customer that uh we we usually uh do work for every now and then uh he's not from there he's from minneapolis uh he has a play of i don't know multiple trucks and he always comes to us and uh we always fix his units so he called us he was all the way in minneapolis michigan he said my truck was overheating uh one of my guys went and you know uh one of my guys went and uh did a load service for him [01:01:22] Speaker 1: uh the water pump was leaking like you did work to the tune of three one three thousand one twenty seven [01:01:29] Speaker 19: ten right that was before that that was uh i mean that's how it all started i was talking well in this case um three thousand yes that was in the shop but before that we had worked and we did a road service for him and we changed the water pump but the actual one he didn't show up they didn't show up [01:01:47] Speaker 1: listen did you bill them three thousand one twenty seven ten yeah we fixed the truck he took this truck yeah that's terrible [01:01:58] Speaker 20: and then we contacted the driver and the driver said he told me if you have an issue with him i have an issue with him too he's not paying me either great so jennifer give me a judgment you get [01:02:10] Speaker 1: you're going to get a judgment here for three thousand one twenty seven ten plus you have a seventy dollar filing fee plus you have a certified copy uh charge of twelve dollars so that's eighty two so that should be thirty two oh nine ten you have any other out-of-pocket costs why don't you guys wait around jennifer will you prepare that judgment three one i'm typing it now and then eighty two dollars in filing and service fees for a total of thirty two oh nine the ten wait around i'll sign it as soon as she brings it down i'll have my court officer bring it down and then you're going to be all set and take that copy of the judgment i'm sorry you're going to have to go through that thank you so much have a good day and good luck to you both what else do i have okay council i'm going to call that midland credit versus lynette a cloud two six oh one four one six good morning mr cichini your name good morning your honor philippe cichini on behalf of the plaintiff midland credit i'm sorry i'm mispronouncing your name aren't i [01:03:23] Speaker 13: people have been doing my whole life you're you are you are completely free and clear of any [01:03:28] Speaker 1: any guilty feelings you're fine apologize would you find out about the net cloud your honor thank [01:03:34] Speaker 13: you for giving us the time to do a little research so yes um we found on these on the process servers website that the following comment was entered by the process server um this is ranko ranko rancilio is the process server in this case your honor the note that the process server entered was please note server reported threat at this address after first attempt we will not be sending anyone back to the this address we will be attempting via certified restricted mail and then there's the following note on 419 at 12 39 p.m no answer at the door there's a car in the driveway left notice the process server then wait wait give me give me one second hang on your honor i'm just kidding that's very good yeah all right go ahead okay and then the process server left the following uh annotation i received a telephone call from a mail extremely threatening uh from a number 313-622-5897 just a side note your honor i did go into the defendant's account that number does match up with a phone number we do have for lynette cloud so again resuming the the note here i received a telephone call from the mail extremely threatening he told me to stay the f away and threaten bodily harm if i return i wasn't certain who it was so i sent him a text and i told him in the text that you asked me to stay away but i don't even know who this is because you didn't tell me your name or address so he sent me that information and that is how i knew it was for this defendant when does the summons expire oh okay um let me see if i have that your honor i'm sorry um we're having technical issues where i can't pull up pdfs right now let's see if i have that information [01:05:24] Speaker 1: oh i see it on the notes here it says expires september 4. i'll grant your motion send your order in again if we do we have it do we need them to do that again uh judge we should have it in pending waiting for this hearing so i'm going to go ahead and sign it and if jennifer follow up on that with me please make sure i sign that if it's if we need more information not more information but if we need another order we'll contact otherwise otherwise i'll sign that one okay okay appreciate it your honor thank you have a great day i see what happened now okay i didn't have that uh information available [01:06:03] Speaker 13: to me for your your honor just just for my information so are you this this was a hearing that was scheduled for this morning at 8 30 is that correct your honor is it or the clerk if someone [01:06:14] Speaker 3: can yes your honor yes yes it was scheduled for 8 30 we mailed notice to your office on that your [01:06:19] Speaker 13: honor you you just got the motion mr sorry appreciate it um okay we'll look into why this was missed by any counselor or appearing council this morning um obviously we don't want that to happen in the future so we'll look into why this was missed so our apologies for that one your honor no problem thank [01:06:37] Speaker 1: you thank you have a great day jefferson capital versus joe tostage 2600218 good morning your honor [01:06:46] Speaker 21: says on bar to be 65425 on behalf of the plaintiff jefferson capital is mr tostage here jennifer [01:06:56] Speaker 3: i don't have mr tostage or his counsel guys you can go right down the hall i signed that thank you he's not the count lawyer isn't here no your honor i'm showing mr langston as defendant's [01:07:11] Speaker 21: attorney on that what do you want me to do mr barter your honor today's the date time set for a motion for summary disposition i will say that i have hundreds of files with this third party debt consolidation firm who hires mr langston he has never opposed any motion out of the hundreds that we filed um if if our motion is granted and a judgment enters that's not going to stop this from resolving with the debt consolidation firm who is actively contacting our office and we've had numerous conversations with uh so today plaintiff is respectfully requesting that our motion for summary disposition [01:07:50] Speaker 1: move forward motion i'm going to go ahead and grant your motion for summary disposition there's no genuine issue is that you're entitled to it pursuant mcr 2.116 c9 and 10. just give me the breakdown [01:08:03] Speaker 21: if you would mr barter please yes i'm pulling up the motion here i just want to make sure it was attached i don't think it was attached so i will have to submit an order for entry and so cool i've got a certain [01:08:26] Speaker 1: it's 35 75 60. got a filing fee of 75. you got a service fee of 41040 and you also have the statutory [01:08:36] Speaker 21: attorney fee coming up 75. uh we do not we do not charge the statutory attorney fee we do charge the twenty dollar motion for summary disposition fee so so you've got amy your honor i'm sorry i walked [01:08:50] Speaker 3: away from my computer to give that copy and mr langston has logged in mr langston your name [01:08:59] Speaker 9: good morning your honor matthew langston he's argued his motion essentially um and there's no we have no opposition to their motion so i'm [01:09:10] Speaker 1: going to grant the motion he's entitled the principal sum of 35 75 60. he's got 11604 13604 in court costs it should be 37 11 64. is that true that's true that sounds correct to me as well all right judgment will enter in that amount i'll ask you to send that over mr barter you two have a good day thank you your honor thank you do i have j and b medical supply [01:09:51] Speaker 3: jeez versus deanna mcclain yes christina codrington for the plaintiff good morning council how are you [01:09:59] Speaker 1: i'm good how are you miss mcclain your name bam hi deanna mcclain any resolution on this [01:10:08] Speaker 3: the councilman paid in full our office is filing a dismissal your your office is going to file a [01:10:14] Speaker 1: dismissal correct did she pay in full yes so you're going to submit a stipend order to dismiss yes with prejudice correct yes so you understand and agree to that ma'am yes i mean it's in your benefit and she has your permission to sign your name to that document she's already signed it herself oh perfect all right send it over have a good day everybody keep smiling good luck thank you thank you wouldn't you tell me again about a low high i believe he may be in the courtroom he was having [01:10:49] Speaker 3: he was a samsung device we couldn't connect with so he was going to come here to the house [01:10:58] Speaker 1: come on up here sir 2601776R your name sir some say i don't mean nobody showed for defendants right no your honor did they file an answer to the complaint yeah they've got three years i don't know why they didn't show up there might be a valid reason and they might not defendants failed to appear this is a pre-trial defendants failed to appear default judgment will enter i'm going to give you the following amount you prayed for and you are entitled to four thousand seventy five dollars in a principal song and then you had court costs you had 110 in filing and certified fees so 70 filing two uh two charges for certified mailing 18 and 12 so you have court costs there in the amount of a hundred plus i think that's it isn't it jennifer so i'm going to enter a judgment amount of four thousand one hundred seventy five dollars in your favor and against the defendants they were supposed to be here at 8 30. i know you had a problem with your your device you couldn't connect and so we told you to come in you're here they're not you win we'll send the judgment out to you okay thank you sir i wish you well good luck thanks [01:12:52] Speaker 20: is that it we have um a defendant on zoom who lives in detroit she has three warrants [01:13:00] Speaker 1: and she wants to be her name she can't make it here well she's going to have to make it here who [01:13:07] Speaker 3: who do we have on her name is ashley stevens she's in zoom she has uh she said she has no transportation from where she lived she's in detroit she said your honor how old are the cases 2022 [01:13:22] Speaker 1: oh hey you can't find the time to get here she's going to have to show up give me a break she's got three warrants from 2022 come on tell her the judge said she has to appear in person and if she doesn't the warrants are going to remain in full force in effect thanks [01:13:43] Speaker 22: you're welcome three 17 year olds stood before the judge accused of two burglary charges including the theft of firearms as the courtroom fell silent the judge warned that burglary is considered a violent crime and that each defendant could face years in prison if convicted looking directly at the teenagers the judge said they were throwing away bright futures for reckless decisions instead of setting an impossible bond the court ordered strict cash bail gps ankle monitors absolute sobriety and a complete no contact order the judge ended with a powerful warning one violation one excuse or one mistake could send them straight back to jail this script is based on the hearing from approximately 150 48 2 14 43 where the judge discusses the seriousness of the burglary allegations prison exposure bail conditions gps monitoring and the consequences of any future violations