- Quickdraw McLaw
- 18 Comments
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- Unable to reach a settlement in an opioid case, Purdue Pharma may file bankruptcy. [NPR]
- A Las Vegas restaurant owner is suing DoorDash over negligent hiring. [8NewsNow]
- Do you know someone who could be the Specialty Courts Coordinator? [eighthjdcourt blog]
- It’s National Suicide Prevention Week.
Would it be indecent to say "blog is dead"?
Indedent no, but we must be politically correct. We might say "expired", "dormant" or "dead not inferring a sequelae of self-inflicted termination of life" or similar words that will not offend anyone, anywhere at any time (including the object of the sentence); and, you may even have to come up with a code phrase that is utterly stupid as for example "justice involved person" instead of felon.
Also, make sure you let Opposing Counsel know, otherwise you might get a story about yourself on Lowry's blog 😀
This blog's not pinin'! It's passed on! It is no more! It has ceased to be! It's expired and gone to meet its maker! It's a stiff! Bereft of life, it rests in peace! If you hadn't nailed it to the perch, it'd be pushing up the daisies! Its metabolic processes are now 'istory! It's off the twig! It has kicked the bucket, it has shuffled off its mortal coil, run down the curtain and joined the bleedin' choir invisible!! THIS IS AN EX-BLOG!!
Nah, there's just nothing juicy today. It will come back from the fjords as soon as there something's to come back to.
It shouldn't surprise me, but it still does, when certain firms pull shady shit. Like dragging their feet for months on something that is solely within their control, and then when deadlines come close, refusing to give reasonable accommodations or extensions. This isn't the Wild West of family law. I have to believe that judges will see through that crap. Right?
It's on you to move the process along if the other side is being uncooperative in discovery. I am sure every judge is different, but Bulla used to tell attorneys who waited months and then sought to compel or extend discovery at the last minute "tough luck."
Counter-point: if an attorney tells me that he/she is going to do something, I want to believe him/her. If that attorney tells me I don't need to file a motion, I would rather not file one. (Obviously, I'm not a "bill by the hour" type.)
This is different from a situation where opposing counsel says to go pound sand. Then of course I'll file what I need to file. But when he/she says that XYZ is coming and it'll just be a little longer… Like I said, I think it's shady when they do that shit on purpose.
Sure. But send a confirming email saying that you have agreed that you will not need to file a motion
3:11 here. I get that, but I think the best practice is to confirm in writing like 5:10 said and then diligently follow up. If you have a string of 10 emails from opposing counsel over four months all saying "I'll have it to you in a week" then I think that will help. I still think you need to eventually move to compel or move to extend discovery, and you should probably do it more than two weeks before the deadline.
The past Discovery Commissioner has been often barbecued by attorneys and there seems to be no real love loss between her and the practicing civil bar.
However, to give credit where it is due, 3:11 accurately identifies a major area where she tended to validly take the seemingly somewhat harsh approach that such negligent feet-dragging justified.
Oh, but God forbid you file a motion to compel when it became clear the other side was dragging their feet, only for the Discovery Commissioner to scold you for filing a motion that didn't need to be be brought.
I am beyond frustrated with the Discovery Commissioner. Why have Rules of Civil Procedure, that include discovery, if Rules are aren't followed or enforced? I'll just go to trial on a wing and a prayer rather than to deal with the nonsense out of that department.
Are things just as bad under the new discovery commissioner?
It cannot be as bad as Bonnie
Which is why I asked. Thankfully, I haven't had to appear in discovery dept. in state court in quite some time.
8:45 — WHICH Discovery Commissioner?
EJDC. Truman. Everyone knows Bulla was a bully.