not going down Posted August 18, 2012 Report Share Posted August 18, 2012 Hello All:Plaintiff's sent me Interrogatories back in Feb 2012I sent them my Interrog"s. A week later.Plaintiff(s) could not answer my Interrog's in a timely manner,so they filed a continuance and deemed my Admissions withdrawn. April 2012 a Judge granted them (7) days, and withdrew my admissions,(Question's I answered). I answered the Plaintiff's Interrog's in a timely manner.PLaintiff's have now sent me the Exact Same Set of Questions/Interrog's in July 2012same format, same numbering, almost looks as if they re-sent the Original Interrog's out the door twice.Should I answer them, Is this a Viable Legal tactic...Also, They could not Provide Proof of Ownership/Assignment...I filed a "Motion to Compell Documents" after several month's of pursuading.Plaintiff's showed up to court with an "Affidavit of Sale"from Minnesota, notarized, Signed by Theodore Anderson with no purchase amount.No signature from Buyer aknowledging the Purchase.No Purchase agreement,Terms of Sale, No info on the Signor as to how to contact this person for deposition........ I will send Plaintiff's a second set of Interrog's asking them all sorts of "Q"s about this "affidavit of Sale"....... Any Feedback on this would be Greatly AppreciatedThanks N.G.D Link to comment Share on other sites More sharing options...
racecar Posted August 18, 2012 Report Share Posted August 18, 2012 (edited) yes they will be deemed admitted if you dont.Rules permit courts to deem facts admitted in the absence of a proper response. Edited August 18, 2012 by racecar Link to comment Share on other sites More sharing options...
not going down Posted August 18, 2012 Author Report Share Posted August 18, 2012 Thanks for the Reply,But, I already answered there Discovery "Q"s back in March 2012...Interrogatories as well as Admissions...They sent me the Exact same Interrog's and Admimissions all over again...The (2) Sets of Paper work are Identical except the Date of coursePlaintiff should already have these answers in there file... Any Help Greatly Appreciated... Link to comment Share on other sites More sharing options...
Coltfan1972 Posted August 18, 2012 Report Share Posted August 18, 2012 They are going to keep coming at you until YOU put an end to it. You have to go on offense and not sit around like a victim waiting to get violated. Move for summary judgement (which you should have done a long time ago when they could not come up with anything. You could have simple said the facts even and evidence if undisputed are still not enough for the Plaintiff to win, which they were not) or a trial date. Don't just hang out waiting to get violated and then act surprised when somebody tries to violate you. That's like walking around a bad neighborhood at two in the morning with a hand full of hundreds in your hands and then acting surprised when you get mugged. Does not make it right that you got mugged, but what do you really expect. YOU need to end the fight they picked. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted August 18, 2012 Report Share Posted August 18, 2012 (edited) I would send them back with "asked and answered" as the response, and I would cite the date the originals were responded to. This will cover you "just in case." Then file for an order of protection, since they are obviously too stupid to realize they already sent these. Considering their lack of evidence, SJ is appropriate as Coltfan1972 suggests. Do a good job, read the rule for SJ so you know what has to be included. You can probably find samples on line. You leave something out and it will be denied. Be prepared to go to court, these get oral argument. Edited August 18, 2012 by BrunoTheJDBkiller Link to comment Share on other sites More sharing options...
racecar Posted August 18, 2012 Report Share Posted August 18, 2012 25-1332 Motion for summary judgment; proceedings. :: Chapter 25 COURTS; CIVIL PROCEDURE :: 2009 Nebraska Code :: Nebraska Code :: US Codes and Statutes :: US Law :: Justia25-1332. Motion for summary judgment; proceedings.The motion shall be served at least ten days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings and the evidence admitted at the hearing show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. The evidence that may be received on a motion for summary judgment includes depositions, answers to interrogatories, admissions, stipulations, and affidavits. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.Source Laws 1951, c. 65, § 3, p. 199; Laws 2001, LB 489, § 3. Link to comment Share on other sites More sharing options...
not going down Posted August 19, 2012 Author Report Share Posted August 19, 2012 Thanks for all the replies...I will file for Summary Judgement on Monday... Link to comment Share on other sites More sharing options...
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