What do I do now?

graphixguru · 03-16-2008, 12:04 AM

Greetings

Following up on my previous thead...

FL Suit JDB wants to use S Dakota Law

I re-filed my answer and affirmative defenses along with 5 counterclaims requesting $1000 each on 2/708. At the same time I filed a 12 page discovery request giving 30 days to respond.

It has now been more than 30 days since filing the documents. So far, I have not had any response. How should I now proceed?

Enigma · 03-16-2008, 12:59 AM

Has the Judge set a hearing date for your Amended Answer?

Have you contacted opposing counsel in regards to Discovery?

graphixguru · 03-16-2008, 09:12 PM

None of the above.

I've been traveling and waiting out the 30 days. I have not contacted the attorney and have heard nothing from the court.

Should I contact the opposing council? If so what should I ask.

Should I contact the court? If so what should I do?

I'll be out of the country this week and back in florida next week. I'd like to jump start the process then but am unsure how to proceed.

Thanks Enigma for all of your help.

Enigma · 03-17-2008, 02:10 AM

Per the rules, your must contact opposing counsel regarding the discovery.

Call the court to see if a new hearing has been set.

BTW - the judiciary and the legislature are at odds with each other right now over the budget. In my county the Court Clerk has furloughed 250 employees. Civil cases are on the back burner because of this.

graphixguru · 03-22-2008, 02:26 AM

So I should call the attorney on Monday and politely ask where the answers to discovery are...?

Perhaps we could discuss mutually dropping our cases with prejudice and the jdb removing the tradeline?

If these actions get nowhere, then what's the next step?

Enigma · 03-22-2008, 07:53 AM

I would call and ask, then follow-up with a fax. If that gets no where then an Ex Parte Motion to Compel. Should that fail, a Motion to Show Cause and Sanctions.

Regarding you Amended Answer, call the Clerk of Courts to find out when the hearing has been set for.

graphixguru · 03-22-2008, 05:28 PM

Thanks Enigma.

You're the best!

graphixguru · 05-24-2008, 12:03 AM

Greetings,

It's been two months since my last confession...

I called the clerk of court and no date on my counterclaims has been set yet.

I called the attorney on 4/15/08 and asked when to expect answers to my discovery. He told me that he would respond "shortly".

On 5/3/08 sent letter to attorney demanding answers within 10 days. Also checked on 5/5 with clerk, no hearing date.

As of today, still have not heard from attorney.

Question. How do I get a hearing date, since obviously no one else is pushing for it?

Question. Should I file for ex parte motion to compel before or after trying to get hearing set?

Enigma · 05-24-2008, 10:01 AM

You need to call the JA to set the date for the hearing, at least that is how we do it.

Since you talked the attorney, send him a certified letter saying that if he does not respond within xx days you will file a MTC. You can only file an ex parte motion if the rules allow.

graphixguru · 05-27-2008, 12:10 AM

!) Who or what is the JA?

2) Do we count calendar days or business days?

3) Sent attorney CRRR letter. Gave him 10 days to respond. He received it 13 business days ago. Is there an example of a motion to compel that I can copy?

graphixguru · 10-21-2008, 11:31 PM

Hello

I'm back. Haven't heard anything since I sent the plaintiffs attorney a demand for the discovery in early may.

At the end of September the judge sent out a notice that he was setting a hearing to dismiss for lack of prosecution. The case was filed in Sept 07 and the last item filed was my answers, counterclaims and discovery in February.

The attorneys immediately filed a motion for good cause. They maintain that the parties were in negotiations to settle...We were not. Also that they had propounded discovery. Along with the motion they submitted answers to my request for admissions, but not to my request for production or interogatories. They filed at the same time discovery requests.

The attorneys also filed a motion for relief from "Florida rules of judicial proceedure 1.370 Request for admissions" because they did not file their answers timely and therefore the admissions are deemed admitted.

I'm looking for some ideas.

Qtip · 11-16-2008, 05:51 AM

Bumping the thread, hoping other members can assist.