Atty tried strong arming DW last night

JayinGR · 08-31-2006, 01:00 PM

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Ok DW has a case filed in Federal against multiple CA's and OC's for FCRA..FDCPA and the norm COA...

Anyway CA atty called DW three weeks ago asking how much to settle...DW sent an e-mail back (with my assistance) stating 6K......3 weeks go by and still dont hear from him...Last Thursday he calls and says please call me anytime here is office # and here is cell #.

DW calls him last night and he starts railroading her telling her they need to set up times and dates for discovery and deopositions and SHe WILL NEED TO CONTACT XXXXXX TO ARRANGE FOR HER TO GO TO OH FOR A DEPO.

I am trying to help her in this convo by writing on a piece of paper....

The thing is DW Motion for Leave to Amend just granted...Rule 26 conference has not even been set by the court...DW told him finally that this would not be talked about until the rule 26 was set my the court and we everyone was ordered to conference before hand...

I told DW if they want to Depo her we will need to get an atty for that....

TU tried doing this to me in my first case...They sent discoveyr to me 6 weeks before Rule 26 conference was set...so being as it was my first case I sent discovery out to everyone and was then ridiculed because I sent it out before rule 26

roybean · 08-31-2006, 01:50 PM

See FRCP 37 for discovery abuse

JayinGR · 08-31-2006, 09:55 PM

according to LRCP nothing is supposed to take place until the inital conference when the judge rules on our proposed discovery plan

jlynn · 08-31-2006, 10:03 PM

Quote:

Originally Posted by JayinGR

according to LRCP nothing is supposed to take place until the inital conference when the judge rules on our proposed discovery plan

Wouldn't the ruling be approving (or disapproving) the schedule. Wouldn't you need dates? I don't know what kind of distance your talking in travel, but could it be that it was just a courtesy call to get some dates together for the proposed discovery plan?

JayinGR · 08-31-2006, 10:17 PM

I thought of that jlynn...but a week before the conference infron of judge is when all the parties confer ot set the dates.

He wanted DW to set up a depo within the next 4 weeks and he told DW it had to be during the day and to call so and so.

The Motion for Leave to Amend was just granted last week and new defendant still have to be served which they have 20 days for such.. not including service time...

He was trying to get her to a depo before the judge even ordered on it

ETA DW said even after she told him she wanted to wait he kept telling her "dont you want to get it done now"

roybean · 09-01-2006, 12:32 AM

He was testing her to see if she would go for it.

SecretSquirrel · 09-01-2006, 02:04 AM

Quote:

Originally Posted by roybean

He was testing her to see if she would go for it.

Chances are he was trying to scare her into panicking...

Perhaps you should fax him what looks like a big stack of money with a note on it that says "can you make sure you have yours ready to give me as soon as this case is over? Thanks. - DW"