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Rausch, Sturm, Isreal & Hornick blink. Need 2nd opinion.


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Latest in my credit card case:

1) Rausch refused request for discovery.

2) I filed a notice of motion & motion to compel.

3) Rausch files application to dismiss case without prejudice.

It seems to me that my best strategy would be to file an objection to Rausch's application and file my own application to dismiss with prejudice so that this thing doesn't wind up in court again.

Question: Is this not the best strategy or should I just let the thing go? Am I being - how shall we say - overzealous and redundant in this matter? I would prefer to hear from the experienced hands on this.

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I assume you ask for a judgment with prejudice, not dismissal.

There is some caselaw for discovery. Here are some references:

The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt. 213 (D.Conn. 1998); Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704 (D.Conn., Oct. 29, 2002) (must phrase request clearly); Kimbro v. IC System, 301CV1676, 2002 WL 1816820 (D.Conn. July 22, 2002).

How amount sought was calculated. Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704 (D.Conn., Oct. 29, 2002); Kimbro v. IC System, 301CV1676, 2002 WL 1816820 (D.Conn. July 22, 2002).

Where in issue, list of reports to credit bureaus. Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704 (D.Conn., Oct. 29, 2002).

Documents conferring authority on defendant to collect debt. Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704 (D.Conn., Oct. 29, 2002); Kimbro v. IC System, 301CV1676, 2002 WL 1816820 (D.Conn. July 22, 2002); Yancey v. Hooten, 180 F.R.D.

203 (D.Conn. 1998).

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At first blush, I think you ask for oral argument on both the motions. You ask teh court for your reliefm which should be a conditional preclusion order, giving them so many days to comply or they are precluded. If they fail to obey the order, or do so insufficiently, you can move for dismissal/summary judgment.

You dovetail that into the plaintiff's motion to dismiss without prejudice. You argue that plaintiff really seeks to avoid discovery becasue it is evident it can't comply with your discovery demands. Letting them withdraw their complaint at this late date without consequence has used up the court's valuable time and they should not be allowed to cirumvent discovery. They have the stuff or not. This borders on frivilous conduct.

My guess is if you get in front of a judge to make this argument, the judge might grant it with prejudice, oe force a settlement on them that is favorable to you.

Has teh SOL run? I

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