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Meyers vs Schmitz


jmeyers

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Posted
If they wait long enough, you will eventually die, then they don't have to deal with it.
Posted

If they wait long enough, you will eventually die, then they don't have to deal with it.

 

Then a motion to dismiss for lack of standing will be forthcoming along with a victory dance.

  • 2 weeks later...
Posted

Just to keep everyone in the loop, June 8 we mailed them a courtesy letter asking to please follow the court order that THEY requested.

 

As of now, no response to 3 emails nor the mailed letter...

Posted

Just to keep everyone in the loop, June 8 we mailed them a courtesy letter asking to please follow the court order that THEY requested.

 

As of now, no response to 3 emails nor the mailed letter...

 

At this point, if they all of a sudden became responsive, I'd get suspicious...

Posted

kwc - me to

 

My thing is, they petition the court for remand for a hearing, get the court ordered remand, and now are failing to act on a court order.

 

Im sure theres a law or 2 about acting on court orders... oh ya, its called contempt and sanctions

  • 2 weeks later...
Posted

A Petition for Rule to Show Cause has been filed and a Order signed for failure to act on a Court Order for REMAND from March 2016. Hearing date is scheduled for July 26.

 

We shall see their reason for not honoring the court order they asked for, nor communicating with us about it.

Posted
The Schmitz family had a tragedy recently. I hope they don't use that as an excuse to drag this on. Please just be righteous and do the right thing everyone. We are all real people with real issues, and not just pawns to play with.
Posted

Mr. Fife,

While Leo P Schmitz is named in the suit, he has yet to show up in court, nor is he the one responsible for providing the hearing. For record, they've had the Court Order for REMAND since March 24, 2016 with proposed hearing dates being sent at least 5 times with only 1 of those times being responded to that the AG would "get back to us"

  • 3 weeks later...
Posted

Our friends won't set a Administrative Hearing thats been court ordered but they have filed a Motion to Vacate the Order to Show Cause (invite to a hearing on contempt)

 

We'll see how this holds up tomorrow at 10am

PDF3376.PDF

Posted

The Motion of Contempt was vacated unfortunately. The judge has said he has the power to Order a REMAND but not to ORDER a REMAND by a certain date. The state says due to budget constraints they have not had a ALJ but as of the July 22 do have a ALJ And Im near the top for a hearing

Posted

I can draw a line in the sand but I can't do anything if you cross it. OMG.

 

Would it make any difference if you told the IRS and the court you haven't responded to their summons and court dates because you were a little tight on money?

 

The "rigged system" mantra Trump keeps harping is not going to go away. It's ugly, frightening, intimidating and it's been here for a long time; now we are looking at it in the eye.

Posted

Coincidently I was told but the Judge that I need to stop traveling, save my money, Im not required to be at the hearings

 

With that said, I am stepping up my game and WILL BE present at every filing whether its a court appearance or a hearing from this point forward

 

There is a Rule to Show cause for the contempt set for Sept 21 if they haven't gotten a ALJ hearing scheduled.

  • 4 weeks later...
Posted

This is moving forward. Notice of Hearing has been filed before the court as well as served on myself that I have a hearing regarding the appeal on September 7, 2016 in front of the ALJ under the procedures/guideane of the Administrative Procedure Act (5ILCS 100/10 et.seq), The FCCA Procedures (20 Ill. Adm. Code 1210.10) and the IL FCCA (430 ILSC 66/1)

  • 3 weeks later...
Posted

Preparations today, hearing tomorrow. Do i expect anything? Not at all, but it will be a interesting day to hopefully get a glimpse into the process for other users since I am the first to obtain a ALJ hearing.

Posted

Preparations are done. I am proud to be the first person to go before the Administrative Law judge to contest the actions of the Illinois State Police. Hearing starts in about 20 minutes and is expected to be 1-2 hours. Will post my experience of this journey once we are done.

 

See y'all on the other side!

Posted

Preparations are done. I am proud to be the first person to go before the Administrative Law judge to contest the actions of the Illinois State Police. Hearing starts in about 20 minutes and is expected to be 1-2 hours. Will post my experience of this journey once we are done.

 

See y'all on the other side!

good luck! can't wait to hear the details.

Posted

So the cliff notes:

 

Hearing was approximately an hour and 30 minutes and we were in a conference room.

Present were myself, my attorney, an attorney for ISP (not AG) and the Administrative Law Judge

 

It was conducted mostly like a trial, swearing of witness, Direct and Cross Examination. ALJ asked some questions for clarification to myself as well as the attorneys.

 

Biggest thing I learned was the state is really reaching. They attempted to not get "substantially similar" admitted citing it has nothing to do. Also admitted that My Cancellation was really a revocation and they through the AG under the bus saying the term cancellation in circuit court was not meant to be said, and it should have been stated as revocation.

 

Once a transcript is available, it will be posted. We now wait for the ALJ decision/recommendation.

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