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Amex Calendared a Hearing for Summary Judgment

Community Self Defense Q&ACategory: General CommentsAmex Calendared a Hearing for Summary Judgment
Cipher One asked 5 days ago

I filed a motion to dismiss based off securitization; Amex filed a summary judgment without response. The court hasn't ruled on the Motion to Dismiss based off of North Carolina civil procedure and NC case law.My hearing is on November 13, 2025. Plaintiff hasn't responded to my motion to dismiss either; they completely ignored it calendering this summary judgment.

I had one like this last week JP Morgan, and the judge granted a motion to continue for the plaintiff because they weren\'t ready to argue the case based off what I wrote in the motion to dismiss.What\'s my approach?

Brian Parker Staff replied 5 days ago

Okay, as I said on the live chat just now, argue the hearing on Nov 13. Is that the time and date you set with the Court to hear your motion? Thank you.

Cipher One replied 5 days ago

Do I argue the motion on November 13th? The Plaintiff – Amex – calendared the hearing date to have the court rule on the summary judgment.

Brian Parker Staff replied 5 days ago

See comment on the Live Chat Comment for the same question.

Cipher One replied 5 days ago

you wrote:

Set it for hearing. The Notice of Hearing is required to notify the other side and the Court of that hearing. You can still try to have it heard at court and ask the court for leeway due to your statโ€ฆ

So I ask the court to set a hearing for my motion to dismiss?

Can you please clarify what you mean by ask for leeway?