Okay, stuff almost resolved, what's the proper procedure now?

[DecentDad]

Hi Soc,

For upcoming hearing, I decided to file a supplemental declaration seeking additional relief identical to the matters to which biomom agreed in email (likely only "lip service" on her part, offered because GAL was cc'd) but she repeatedly refused to sign them into stipulated orders (i.e., saying same in email).

I used her emails on face value as exhibits to show her refusal to resolve conflict - even when we agree - and hence increase the need for litigation with her on-going pattern of negotiating in bad faith.

It worked.  :)

After getting served with the supplemental declaration, biomom signed and returned the stipulated orders I drafted so I can remove my hearing off calendar.

1.  GAL has never responded to any correspondence I've sent him (he was cc'd on the proposed stipulation 3 weeks ago).  There's a spot for him to sign the stip, so it's blank.  Do I just include cover letter to court advising that GAL received a copy of the stip and never objected?

2.  I've never removed anything off docket.  Is it something like "Notice of Withdrawn Motion" that I just file and cite that parties settled, or what?

Thanks,
DD

[socrateaser]

>1.  GAL has never responded to any correspondence I've sent
>him (he was cc'd on the proposed stipulation 3 weeks ago).
>There's a spot for him to sign the stip, so it's blank.  Do I
>just include cover letter to court advising that GAL received
>a copy of the stip and never objected?

You could have used FL-355. The GAL doesn't need to sign the stip unless there's some text in your prior orders which prevents new orders from being entered except with the GAL's consent.

>2.  I've never removed anything off docket.  Is it something
>like "Notice of Withdrawn Motion" that I just file and cite
>that parties settled, or what?

You could have placed an order dismissing the current OSC in your stip.

While you file the stip, just ask the clerk to take the current motion off calendar. He/she may advise you to call the judge's assistant, if the judge keeps his own calendar. If so, call or visit the courtroom and tell the assistant.

[DecentDad]

.

[DecentDad]

Soc,

We have no orders that minor's counsel's approval is required on anything.  Minor's counsel was appointed and ordered to report at a review hearing (that was done months ago), and that's the only thing ever ordered.

Biomom and I signed a stip, which expressly states that we have intent to enter the stipulation as orders once signed by both parties.

Minor's counsel hasn't responded to anything after the first review hearing.

I filed the stip with the court to be entered.

Court sent it back to me with cover sheet, indicating that the stip can't be entered as orders until minor's counsel signs it.

Minor's counsel was cc'd on the original stip (with no response), but I never advised the court of this.

I can send it to minor's counsel again for his signature, leave a message asking him to sign it because court is requiring it.  No biggie to do that.

1.  If I don't get it back within X days, what number should X be, and is it kosher to submit to the court again - with letter explaining that minor's counsel was served with it (or certified mail?!) but never signed it nor objected to it?

[socrateaser]

>1.  If I don't get it back within X days, what number should X
>be, and is it kosher to submit to the court again - with
>letter explaining that minor's counsel was served with it (or
>certified mail?!) but never signed it nor objected to it?

You need minor's counsel to sign the original, but if you send the original and he doesn't return it or respond, then you'll need to get the original signed again by your ex, because you don't have the original any more.

So, you need to get an appointment and put the damn thing in front of minor's counsel and say "sign." He's already got a copy, so he just needs to read it.

As far as resubmitting it, you should file a notice of motion for a telephone hearing to have the order entered without minor's counsel's signature, or perhaps even better, a motion to remove minor's counsel for failing to respond, and that way the court will have the original in his face at the hearing and he can order it without further delay.

Any other approach risks another procedural rejection from the court. Frankly, I doubt that the last order ever saw the judge. The clerk probaby saw the open space in the signature blocks and kicked it back.

But, it's irrelevant. You just have to deal with it.

[DecentDad]

I'll set up a time to run over to minor counsel's office so I'm assured it gets signed expeditiously and the original doesn't get lost.

The kicker is that I bumped into minor's counsel at the courthouse when I filed it, he congratulated me on negotiating the stip (he was cc'd on all back-and-forth), and I didn't even think to have him sign it at that time.  :(

Oh well.  He's not too far away from me.