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Opposing counsel's only defense is "but my client has cancer."
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Date: April 23rd, 2013 2:07 AM Author: Stubborn round eye Opposing counsel represents a company that is basically owned by a husband and wife. The wife has cancer. They are completely blowing me off on discovery. They have zero defense in the 10+ million dollar law suit. The attorney's only defense is "but my client has cancer" to why she cannot answer discovery requests or schedule a deposition, etc.
What is my response when this is inevitably brought up in discovery hearings in the next week? I'd like to call it as it is--a bullship ploy they are using as a get out of jail card--but that makes me look like a dick. |
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Date: April 23rd, 2013 2:12 AM Author: Violent university affirmative action File your motion for summary judgment.
More time for discovery would be futile. |
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Date: April 23rd, 2013 2:15 AM Author: Stubborn round eye Judge told us at the scheduling conference she wanted to hear more about a specific claim. We need discovery to win the MSJ. (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23058664) |
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Date: April 26th, 2013 9:21 AM Author: boyish principal's office lol female judge. (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23080676) |
Date: April 23rd, 2013 2:27 AM Author: Stubborn round eye Nothing I can say in court to diffuse this bullshit? (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23058688) |
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Date: April 23rd, 2013 2:49 AM Author: trip whorehouse File a motion to compel and seek sanctions. Point out the availability and the evasiveness of counsel using an excuse with zero attempt to give you dates of availability (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23058738) |
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Date: April 25th, 2013 6:03 PM Author: Thriller New Version Church Building (Captain Sanctions!) (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23076900) |
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Date: April 23rd, 2013 2:45 AM Author: Milky comical space Settle. Agree to pay them $1000 if they allow you to drop the suit. Pay out of your own pocket if you have to. Don't tell the client or the partner on the case. (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23058732) |
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Date: April 25th, 2013 2:14 PM Author: Coiffed Rigor Electric Furnace "Don't tell the client or the partner on the case."
shrewd
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Date: April 23rd, 2013 2:56 AM Author: Wonderful Soggy Wagecucks Show sympathy and humanity but get some measure of definiteness by putting the ball in their court to craft a realistic discover schedule.
Say to the Judge, "I have a duty to zealously pursue my client's claims, but obviously I wish to be sensitive to the very real medical issues here. I'm not opposed to lengthening the discovery/summary judgment schedule to accommodate defendants' condition, but I don't think it's too much to ask that they propose a new scheduling order that is realistic, humane, and does not delay the resolution of this matter any more than is necessary. More than anything, your Honor, we just want them to commit to certain dates they can meet so we can have a sense of finality and can plan accordingly."
Yes, things may get pushed out, but it puts the onus on them, and you've developed a record that the new scheduling order is something THEY proposed. If they can't even meet the new deadlines, the Judge will probably back you up regardless of the medical issues. |
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Date: April 23rd, 2013 3:15 AM Author: aromatic out-of-control house useless brakes lol fag in his dad's basement reading off evidence treatise (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23058811) |
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Date: April 25th, 2013 2:16 PM Author: Coiffed Rigor Electric Furnace *Proposes a reasonable compromise*
*Must be new to this bort* |
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Date: April 23rd, 2013 3:20 AM Author: spectacular black crackhouse Move to compel. Say something in your moving papers about how you understand the other party's predicament, but you have an obligation to pursue your client's claims, and they have an obligation to participate in discovery. The judge may hate everyone when you're done, but you've got your discovery at least. (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23058823) |
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Date: April 23rd, 2013 3:56 AM Author: stimulating massive locale idiot TITCR (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23058873) |
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Date: April 24th, 2013 3:48 AM Author: Stubborn round eye Ya. I basically did this. I just think I should get attorney's fees. Plus, it's a bench trial and the judge has to know by now the case is complete shit. I think it's lame that they can drag this out, especially because I arranged this slam dunk case on a contingency, so this time is coming out of my pocket. I'll file tomorrow and hope for the best. (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23065488) |
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Date: April 25th, 2013 2:46 PM Author: Galvanic mentally impaired turdskin hunting ground do your rules of civ pro allow attorneys fees for motions to compel? mine do. (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23075535) |
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Date: April 24th, 2013 4:10 AM Author: irradiated stag film ladyboy Move to compel and say something like: How the fuck does cancer prevent these assholes from pulling some goddamn papers out of their file. She aint dead yet.
edit: I should add that your motion should absolutely demand sanctions against opposing counsel for dragging this case out instead of getting it resolved quickly in spite of his client suffering from terminal cancer. |
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Date: April 24th, 2013 4:23 AM Author: spectacular black crackhouse I eventually got terminating sanctions (representing the defendant) in a case where the plaintiff filed suit, got ill (turned out not to be terminal, but he was laid up for some time), and refused to show up for depositions despite repeated reschedulings to accommodate his treatment schedule. The judge said he would give the guy two more chances after we moved to compel, and he blew both of them. (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23065524) |
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Date: April 25th, 2013 2:17 PM Author: Coiffed Rigor Electric Furnace "She aint dead yet"
lol! |
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Date: April 24th, 2013 4:14 AM Author: spruce elite mexican half-breed lol, i was in your opposing counsel's situation for a case. judge told us to designate someone in lieu of cancer witness. also, if wife has cancer, what about the husband? (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23065518) |
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Date: April 25th, 2013 2:48 PM Author: Pink mind-boggling tanning salon dysfunction fuck you and all lawyers (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23075557) |
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Date: April 25th, 2013 2:49 PM Author: claret histrionic theater credited defense, sorry bro (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23075561) |
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Date: April 25th, 2013 3:05 PM Author: brilliant vigorous mood chad I once stalled a settlement 2 years because the officer of the company that allegedly made the decisions regarding the plaintiff's claims had a stroke.
Plaintiff's counsel was MAF. After 6 months of us not responding to discovery we had a hearing and plaintiff's counsel was all "I KNOW THE DUDE IS SICK AND ALL BUT COME ON!" I just showed the judge a video of the dude looking all pathetic and the judge was like, "yeah, they get another 3 months. Deal with it."
After the 3 months passed we told them we would be willing to just give them a consent judgment, then took another 3 months to negotiate that, and one of the clauses was that they wouldn't file the judgment for another 12 months.
LOL. |
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Date: April 25th, 2013 6:01 PM Author: Coiffed Rigor Electric Furnace jfc, this is horrible.
What's worst is that you probably got high-fives and pats on the back for this. |
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Date: April 25th, 2013 11:02 PM Author: Stubborn round eye So we had the hearing on our order to compel on an emergency basis today. The judge didn't sanction the other side, and pushed back trial 45 days, but otherwise she seemed pretty pissed off at the other side. Left open the question of whether they've waived all objections to discovery. Grilled the other side on why other people with the company can't work on discovery. Gave them 2 weeks to give "valid" discovery answers. (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23078754) |
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Date: April 26th, 2013 9:20 AM Author: Coiffed Rigor Electric Furnace What's gonna happen in 2 weeks if:
1) They blow you off again
2) Give you "invalid" answers? |
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Date: April 26th, 2013 11:24 AM Author: Stubborn round eye Judge made it clear opposing counsel would be fucked. She basically said they'd pay all our attorney's fees and costs in that case. (http://www.autoadmit.com/thread.php?thread_id=2237711&forum_id=2#23081190) |