c m chase Posted April 11, 2005 Report Share Posted April 11, 2005 Because of the timing of my case, everything is kinda weird how it's landing on the calendar.As you know, I filed a Motion for Default today. I don't see WHY it wouldn't be granted since they disobeyed the Order to file an answer, but just in case...Discovery has been propounded by me. I gave them 30 days (as by law). No response. Then I wrote them to remind them of the Discovery. No response. I wrote them again and reminded them...and requested to meet with them about it if they wanted to discuss. No response. THEN, 2 months after it was due, I sent them a letter saying I would file a Motion to Compel if they didn't answer or ask for more time, etc. No response. (Basically, they ignore EVERYTHING I send them).So...in case my Default Judgment gets the axe, should I go ahead and file the Motion to Compel tomorrow (which was my demanded deadline)? Or should I wait to hear about the Default Motion? Link to comment Share on other sites More sharing options...
blacksurfer Posted April 11, 2005 Report Share Posted April 11, 2005 I'm curious as to why you're helping them out by reminding them about your motions over and over again? They would never remind you to respond to a motion. Link to comment Share on other sites More sharing options...
KentWA Posted April 11, 2005 Report Share Posted April 11, 2005 File away, make'em work. Because you do not know the dispensation of you motion for default you can go ahead with it. If the Judge grants the motion for default the the motion to compel would be denied as being moot. If the motion for default is denied the motion to compel will proceced. Link to comment Share on other sites More sharing options...
KentWA Posted April 11, 2005 Report Share Posted April 11, 2005 I'm curious as to why you're helping them out by reminding them about your motions over and over again? They would never remind you to respond to a motion.Because if she just filed a motion for default they can say, oh we goofed and need a few more days to complete it. By having a record to show the judge you repeatedly reminded them the judge will not take kindly to the "it was a mistake" excuse and likely move ahead with default. Link to comment Share on other sites More sharing options...
c m chase Posted April 11, 2005 Author Report Share Posted April 11, 2005 Exactly what Kent said. According to the rules, you HAVE TO show good faith. It says in our rules that even if they fail to answer and fail to comply with the order, that default WILL NOT be taken....UNLESS thier action is shown to be in bad faith. A LOT of emphasis is put on whether or not the parties give each other chances, reminders, and warnings.If I ignored them like they did me, the judge would find ME in a bad light and would deny my motion. And, by doing all this CRAP, I've shown I'm working on good faith and they aren't...and that SHOULD push my motion through.And, thank you Kent...I think you're probably right about continuing with the motion. *sigh* All this work. lolTHANKS! Link to comment Share on other sites More sharing options...
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