So here's the deal...
The Magistrate in my case made the following order...
The Magistrate has determined that the case may be suitable for mediation. The case is referred to the Court's Foreclosure Mediation Program for further evaluation. All Discovery and Motion practice is stayed pending the Mediators Final Determination of suitability of the case for mediation.
Of course time has passed, documents were sent, and a mediation date has been set. Obviously that would mean the Mediator has made a final determination of the suitability of the case for mediation, right?
Well then if the pending decision that the stay was based upon was reached, would not the stay be lifted?
Silly me filed a Motion to Dismiss which took alot of time and effort to spell out to the Court why the case should be dismissed and quoted 129 cases to back up the reasons. When I checked the Docket today I found 2 entries that really p'd me off...
"Since the Court has not set a hearing of the Defendants motion to dismiss, the notice of hearing for defendants motion to dismiss filed on...date...is stricken."
"Since it violates the courts motion practice stay pending mediation, the motion to dismiss is denied and may be refiled when mediation concludes."
There are damn good reasons we should not be going to mediation including standing and ownership of the note. I have brought this up over and over and the judge keeps brushing it off, even with proof.
So what can I do now? Any advice is greatly appreciated. BTW I am in Ohio and the cases are all the ones from the supreme court decisions you all have read about.