A motion is created and exists independent of a hearing or notice of hearing. Most courts will not even allow an attorney to set a motion for hearing until that motion has been filed with the court. So the first step is to file and serve the motion. After filing the motion, the attorney obtains hearing dates/times, and after coordinating a mutually-convenient date/time with the other side, the hearing date/time is set. So a lawyer stating that "he's waiting on a date" is not unusual.
As of the time I provided my answer to your question(s) today, I am NOT your lawyer and you are NOT my client.... more
As of the time I provided my answer to your question(s) today, I am NOT your lawyer and you are NOT my client. Therefore, there is NO ATTORNEY-CLIENT RELATIONSHIP between us. Accordingly, you should NOT construe my response to your question(s) as legal advice. Rather, you should look upon my answer as a "starting point" for you begin discussions with a lawyer of your choosing. I am always receptive to new clients, but there are many, many lawyers who will meet with you and give you expert, personal legal advice. My answers in this forum are NOT expert legal advice, but merely general commentary after reading the very, very brief facts which you provided to this forum. I truly wish you all the best!