copperarab Posted June 16, 2005 Report Share Posted June 16, 2005 well..I am not as mad as usual..ticked off for a few minutes, but I think I can use his 'answers' against him. I am researching on Motions for both Preclude/Lamine and Sanctions..so this latest batch of crap from the turd will help.According to Civil Procedures, IF Discovery is not answered in 30 days OR and extension of time requested to answer said Discovery, then they HAVE to answer and produce honestly and correctly, " Any ground not stated in a timely objection is waived unless the party's failure to object is excused by the court for good cause shown. The party submitting the interrogatories may move for an order under subsection A of Section 3237 of this title with respect to any objection to or other failure to answer an interrogatory."This is basically what I got today, he wasnt even nice enough to type out my Interrogs/Docs questions and then answer it..I know it isnt REQUIRED GENERAL OBJECTIONS Plaintiff objects to the extent the requests or interrogs seek documents or info that are protected from disclosure by the attorney-client privilege or the attorney-work product Doctrine, or any other recognized privilege. By responding herein, Plaintiff does not intend to waive any privilege or protection accorded to them or their attorney, and does not intend to disclose or produce any documents or information protected from discosure by the attorney-client privilege or the attorney-work product privilege.Plaintiff objects to the extent the requests or interrogatories seek documents or information that is neither relevant to the pending litigation not reasonably calculated to lead to the Discovery of admissable evidence. Plaintiff objects tot he requests and interrogatories to the extent they amy be vague, ambiguous, and overly broad or burdensome..etc...Plaintiff objects to the production of the requested documents w/o the execution by the parties of a Protective Order.It goes on for 3 pages to all kinds of objections (objections to the Intructions as they do not comply with the requirements of the Oklahoma statutes etc.....Of my 18 Interrogatories, they answered 4 of them. The rest claimed:Plaintiff objects to this Request on grounds that it is overly broad and unduly burdensome, expensive and time consuming, not calculated to lead to the discovery of admissable evidence and outside the OK Discovery Code and outside the scope of this litigations.Also..Plaintiff objects to this request on the grounds that it is premature inasmuch as PLaintiff has not yet identified all the documents that may support or negate their actions. Plaintiff will comply with any Scheduling Order entered in this matter.All the rest of the 14 Interrogs were answered with either two paragraphs.I had 14 Document Requests..didnt receive any proof in the mail. MOST of the requests are answered with: Plaintiff objects to this request for production on the grounds that it is vague and ambiguous. Plaintiff further objects to this request on the grounds that it is premature inasmuch as Plaintiff has not yet identified all the documents that may support or negate their actions or defenses. Plaintiff also objects tot his Request on grounds that it is overly broad and unduly burdensome, expensive and time consuming, not calculated to lead blah blah blah...10 of my Doc requests state this..the other 4 state they have 'no clue' and /or make an appt. to see.Even on my request for PROOF of itemized hospital statements and procedures performed, they made the large statement above.They blew off my questions regarding what right they had to collect this debt. etc..Yeah I am un-nerved. I am finishing up my Motion to Object to Plaintiff's Motion to Compel and hope to file it soon. I just don't have the legalese brain to put my Motions together correctly, or to find what I need for supportive case law.<sigh>IF ANY of you that have ever filed a Motion to Preclude or Motion for Sanctions I could really use your help..Please?! Link to comment Share on other sites More sharing options...
Methuss Posted June 17, 2005 Report Share Posted June 17, 2005 This is one doc I found that may help...http://www.consumerlaw.org/publications/manuals/content/samples/M8fdc_591-595.pdfThere was a case listed here last year involving discovery against debt collectors, but I can't remember the name. Basically it was a case where it layed out specifically what the collector must deliver in discovery. Link to comment Share on other sites More sharing options...
copperarab Posted June 17, 2005 Author Report Share Posted June 17, 2005 LOL..Okay, I know this post WAS long and a boring read... no takers??I have a few more questions..I was planning on filing my Opposition to Plaintiff's Motion to Compel today, but now it's not ready. After reading Federal Civil Procedures last night, I CAN add in a request for Sanctions on a Motion.So, should I add in Sanctions on my Motion for Opposition, OR make a Motion for Sanctions to stand on its own?Basically in my current Motion, I can Sanction based on : Attorney mailed copy of his Motion to Compel to wrong address, Attorneys basis for Motion is based on a lie (this would be the phone call I made to him that he is using against me where he was trying to coercise me and give negative advise) and add in the Doctrine of Unclean hands. Remember, he signed his Motion to Compel, based on a lie, stating it was correct and to the best of his knowledge. I found a paragraph in the Fed. Law that may give me good grounds here. Basically, attorney has NOT acted in good faith per civil laws.ORRRR I can file a seperate Motion for Sanctions to include ALL of his lies and 'bad faith' communications with me with me from day 1.At this point, I need to make a move fast. I was hoping to file my Opposition today, but could really use some input on what would have the best impact. He filed to Compel 11 days ago and i need to oppose this by Monday.HELP!? Link to comment Share on other sites More sharing options...
copperarab Posted June 17, 2005 Author Report Share Posted June 17, 2005 06/15/2005 O - TULSA ADJUSTMENT BUREAU INC 54653944 Jun 16 2005 1:39:08:453PM Realized $ 0.00 ORDER / HEARING ON PLF'S MOTION TO COMPEL DISCOVERY SET FOR 6-30-05 @ 10:30 A.M. IN ROOM 507 --------------------------------------------------------------------------------06/15/2005 CTFREE - TULSA ADJUSTMENT BUREAU INC 54661412 Jun 17 2005 9:56:26:820AM Realized $ 0.00 HASS, RUSSELL: ORDER SETTING HEARING ON PLF'S MOTION TO COMPEL DISCOVERY SET FOR 6-30-05 @ 10:30 A.M. IN ROOM 507. --------------------------------------------------------------------------------Okay..just found this. Plaintiff has requested a hearing on his Motion to Compel. Is it too late to file an opposition with sanctions?? Or do I bring it to the Hearing?Remember, this is my daughters case, she has no clue what to say, what to do, or how ANY of this works!!!!!!!!!!!!!!!!!!!!!!!!!!! Link to comment Share on other sites More sharing options...
Methuss Posted June 17, 2005 Report Share Posted June 17, 2005 Coppola v. Arrow.http://www.ctd.uscourts.gov/Opinions/102902.PCD.Coppola.pdf**This link was hard to find...This case sets out that debt collectors can't hide behind "burdensome" and "attorney-client priviledge" when answering interrogatories.There's another one out there that was even more detailed, but my memory on the name is faded....started with 's' Link to comment Share on other sites More sharing options...
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