Plaintiff (JDB) sent what seems like wrong Discovery Response

[FeltS32]

I have a CMC this week (our second one since Judge gave them 30 more days to respond to my requests). They responded but there are 21 generic answers when I only asked 13 requests....how do I bring this up to the Judge because she is going to want to know if they responded.

On one hand I would love to go to trial with this "evidence" but on the other if she sees they messed up she may very well toss it because she told them if they didnt respond by our date she would dismiss.

Any thoughts?

[notgoingdown1]

I have a CMC this week (our second one since Judge gave them 30 more days to respond to my requests). They responded but there are 21 generic answers when I only asked 13 requests....how do I bring this up to the Judge because she is going to want to know if they responded.

On one hand I would love to go to trial with this "evidence" but on the other if she sees they messed up she may very well toss it because she told them if they didnt respond by our date she would dismiss.

Any thoughts?

THAT'S FUNNY! I do not know the answer. When the judge asked about their responses I'd probably say something like

"Your Honor, they have responded, they even sent 21 generic answers when I only asked them 13 questions"

hopefully some of the more knowledgable memebers will chime in, this is truly funny and I'd try to throw it in there just for giggles, don't think it would get the case dismissed.

ps, if you have more discovery left I'd make sure I hit them with these:

(cont in next post)

[BrunoTheJDBkiller]

Mail it back to them 2 days before the CMC and tell the judge they did not respond to your discovery, which is true. Keep a copy of what they sent and bring it to court. Make them show the judge what they sent you. Either way, you have them. True, it may get another postponement, but it makes them look stupid and they have to keep paying a lawyer to go to court.

[notgoingdown1]

FAILURE TO TIMELY RESPOND TO REQUESTS FOR ADMISSIONS IN COMPLIANCE WITH _________SHALL RESULT IN EACH MATTER BEING ADMITTED BY YOU AND NOT SUBJECT TO FURTHER DISPUTE.

COMES NOW, Defendant ___________, in pro se, pursuant to ________, and submits the following Request for Admissions to the Plaintiff, ________, by and through its attorneys _______, to be responded fully, separately, under oath and to be delivered to the Defendant within thirty (30) days from the date of service hereof.

DEFINITIONS

The following definitions are to be used in responding to the following Request for Admissions.

A. "Plaintiff," means _________, or any agent, employee, officer, director, or any other person acting on its behalf.

B. “You” and “Your” means the Plaintiff.

C. "Defendant" means, ___________, an individual.

REQUESTS

1. Please admit that _________, is not the original creditor, which allegedly extended credit to the Defendant, which such extension of credit is the subject matter of this lawsuit against the Defendant.

ANSWER:

2. Please admit that Plaintiff never sent any billing statements, in reference to the alleged account, which is the subject matter of this lawsuit, or demands to Defendant, prior to the date in which Plaintiff allegedly became the alleged successor in interest to ______________.

ANSWER:

3. Please admit that the Plaintiff allegedly purchases defaulted alleged debts and/or accounts as a regular course of business.

ANSWER:

4. Please admit that _________is not an affiliate or subsidiary of ____________ (the oc).

ANSWER:

5. Please admit that____________does not produce or originate any billing statement records on the behalf of __________(oc).

ANSWER:

6. Please admit that the Plaintiff, at the time of the alleged default on the alleged account, which is the subject matter of this lawsuit, had no records in their possession and/or immediate custody and/or control with Defendant's name, address, phone number, or social security number on any such record.

ANSWER:

7. Please admit that ___________, at the time of the alleged default on the alleged account, which is the subject matter of this lawsuit, maintained no records that referenced the Defendant in any manner.

ANSWER:

8. Please admit Plaintiff’s witness, __________, has no personal, first hand knowledge of the record keeping procedures and/or practices of ________(oc)

ANSWER:

9. Please admit _________who is the witness for __________ has no personal, first hand knowledge that Defendant allegedly defaulted on the alleged account and debt which is the subject matter of this lawsuit.

ANSWER:

10. Please admit __________(their affiant/witness), who is the witness for __________, does not have in their immediate possession or custody and control of all records pertaining to the alleged account and debt of the Defendant, which is the subject matter of this lawsuit.

ANSWER:

11. Please admit __________, who is the witness for ___________, does not maintain all the alleged business records for the alleged account and alleged debt, which is the subject matter of this lawsuit.

ANSWER:

12. Please admit _________, who is the witness for ___________, is simply reading information off a computer screen that was electronically provided to __________by the alleged original creditor, __________(oc)

ANSWER:

13. Please admit ___________, who is the witness for __________, is only advised of the alleged

balance allegedly owed to the Plaintiff by the Defendant, and has no direct, personal, first hand knowledge of the alleged account and alleged debt.

ANSWER:

14. Please admit _________, who is the witness for ___________, is only able to testify in regards to the subject matter of this case, based on what somebody else advised them or what somebody else’s records indicate.

ANSWER:

15. Please admit _____________, who is the witness for _________, has no personal first hand knowledge if the information provided in the Defendant’s First Set of Discovery is in fact true and correct, only that ____________believes the information is true and correct because somebody else said so.

ANSWER:

16. Please admit __________, who is the witness for ___________, can not attest to the authenticity of the alleged records, in the immediate possession and/or custody of ___________, that were allegedly provided to the Plaintiff by __________. and allegedly show that Defendant is legally indebted to Plaintiff in the amount of $xxxxxx.

ANSWER:

17. Please admit all records allegedly held by ________, which allegedly prove Defendant is indebted to the Plaintiff, are not ____________own business records which were originated by and kept in the regular course of business by ___________.

ANSWER:

18. Please admit ___________allegedly bought Defendant's alleged defaulted account as part of a bulk sale transaction.

ANSWER:

19. Please admit Plaintiff is aware that simply taking somebody's else alleged business records, in which Plaintiff had no personal first hand knowledge of their creation and their authenticity, and then putting those alleged business records into a file maintained by Plaintiff then referencing those records as Plaintiff’s own business records, does not overcome the business records exception to hearsay.

ANSWER:

20. Please admit all of ____________records, which allegedly show an obligation of the Defendant to ____________are hearsay.

ANSWER:

21. Please admit _________in the alleged purchase agreement with ________where XXXXX became the alleged successor in interest to XXXX for the alleged account which is the subject matter of this lawsuit, involved more than xxxxxxxxaccounts and/or debts being transferred in the same transaction.

ANSWER:

22. Please admit xxxxxx, who is the witness forxxxxxxx, if called to testify at trial against the Defendant, will be unable to testify as having any first hand knowledge as to the authenticity of the business records which xxxxxxx references from xxxxxxxxxx.

(If you notice I've asked this question about five times and just changed up the wording, what you hope here is to catch them denying it one time and admitting it one time, the answer is freaking obvious and you don't need an admission to know the answer).

ANSWER:

23. Please admit xxxxxx, who is the witness for xxxxxx, if called to testify at trial against the Defendant, will be unable to testify, by personal first hand knowledge, to the authenticity of any alleged contract, oral or written, entered into by the Defendant with xxxxxxxx.

ANSWER:

Respectfully,

Defendant/prose

Dated this day of ____________________

CERTIFICATE OF MAILING

The undersigned hereby certifies that a true and correct copy of the foregoing Request for Admissions was mailed to Plaintiff’s attorney of record, the law offices of:

[BrunoTheJDBkiller]

Were these admissions, document requests, or interrogatories? Rule 9C probably applies.