JDB didn't respond to my RFP..Meet and Confer?

[easy619]

I served my RFP on 10/5. 30 days plus 5 for mailing makes it do 11/9. As of today (11/24) i have still received no response. I'm starting to prepare my letter to meet and confer, as well as a motion to compel. I replied to their RFP, RFA and ROG in a timely fashion. I've looked up a few sample Meet and Confer Letters, but they all seem to deal with inadequate responses, not a complete lack of a response. My question is, how should I word this?

[easy619]

Here's what I have so far... any suggestions?

My Party

JDB Basher Lane

Any Town, CA 999991

RE: Fred Regular v. JDB SOBs

Dear Shoddy Attorney,

On 10/5/2012, I served upon you, on behalf of your clients, Midland Funding LLC, Requests for Production of Documents. To date no responses have been received. As you are more than fourteen days late of the due date for response, I'm writing to meet and confer about plaintiff's lack of a response. Unless plaintiff responds to this Request for Production of Documents, defendant will be forced to file a motion to compel further responses.

The requests set forth are relevant as evidence by the fact that plaintiff saw fit to allege its existence in its complaint. Plaintiff must respond to these requests by agreeing to produce all responsive documents. Plaintiff must further produce all responsive documents in its possession, custody or control. If plaintiff does not have any such documents, it should comply with Code of Civil procedure section 2031.230 and state that the document "has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item."

Be advised that Code of Civil Procedure § 2023.010(d) states that failing to respond to an authorized method of discovery is an abuse of the discovery process.

Further, as your client’s have failed to serve timely responses they have waived any right to objections, pursuant to Code of Civil Procedure § 2031.300.

It is my sincere intention to resolve this matter amicably without the need for judicial intervention. However, as I am entitled to Plaintiff’s verified discovery

responses, in the event I do not receive Plaintiff’s verified responses, without objections, within 10 days from the date of this letter I will have no choice but to file motions to compel with the Court, or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial. I will also ask for attorneys fees and sanctions for your client’s failure to comply.

Very truly yours,

UpYours

You JDB SOB

[helpme]

I write regarding [JDB name] failure to respond to Defendant's First Set of Request for Production of Documents.

Defendant served these Request for Production of Documents on 10/5/2012. Plaintiff's verified response was therefore due on [due date here]. As noted above, Plainitff has failed to serve any response at all.

Pursuant to California Code of Civil Procedure section 2031.300, because Plaintiff has failed to serve a timely response, it has waived "any objections to the demand, including one based on privilege or on the protection for work product".

Please serve a verified response to these document request, without objection, on or before [insert 15 days after the date of THIS letter] or defendant will have no alternative other than to file a motion to compel such a response.

Very truly yours,

[1stStep]

I write regarding [JDB name] failure to respond to Defendant's First Set of Request for Production of Documents.

Defendant served these Request for Production of Documents on 10/5/2012. Plaintiff's verified response was therefore due on [due date here]. As noted above, Plainitff has failed to serve any response at all.

Pursuant to California Code of Civil Procedure section 2031.300, because Plaintiff has failed to serve a timely response, it has waived "any objections to the demand, including one based on privilege or on the protection for work product".

Please serve a verified response to these document request, without objection, on or before [insert 5 days after the date of THIS letter] or defendant will file a motion to compel such a response.

Upyours,

My changes in bold.

[calawyer]

I write regarding [JDB name] failure to respond to Defendant's First Set of Request for Production of Documents.

Defendant served these Request for Production of Documents on 10/5/2012. Plaintiff's verified response was therefore due on [due date here]. As noted above, Plainitff has failed to serve any response at all.

Pursuant to California Code of Civil Procedure section 2031.300, because Plaintiff has failed to serve a timely response, it has waived "any objections to the demand, including one based on privilege or on the protection for work product".

Please serve a verified response to these document request, without objection, on or before [insert 15 days after the date of THIS letter] or defendant will have no alternative other than to file a motion to compel such a response.

Very truly yours,

I prefer a shorter letter like this one. You should send it out today or first thing on Monday.

Your motion to compel is simple. You do not need a separate statement because plaintiff did not respond at all. All you need to do is say that you served them on __, there was no response, you wrote a meet and confer. You received no response, so the motion is necessay.

I would do one more section briefly outlining the requests and saying that they are all relevant. This may not technically be required but the Judge will want to know that she is compelling the plaintiff to respond to requests that are relevant to the case.

[easy619]

I prefer a shorter letter like this one. You should send it out today or first thing on Monday.

Your motion to compel is simple. You do not need a separate statement because plaintiff did not respond at all. All you need to do is say that you served them on __, there was no response, you wrote a meet and confer. You received no response, so the motion is necessay.

I would do one more section briefly outlining the requests and saying that they are all relevant. This may not technically be required but the Judge will want to know that she is compelling the plaintiff to respond to requests that are relevant to the case.

Cool. Should the Meet & Confer be served or just sent? I know to put on regular paper and not to file with the court.

[calawyer]

Cool. Should the Meet & Confer be served or just sent? I know to put on regular paper and not to file with the court.

Sent. It is just a letter addressed to plaintiff's lawyer.

[easy619]

Right. What's the deadline to file the motion to compel? I stuck the letter in the mail today CMRR

[Learnin]

For California, it's 'within 45 days of reciept of inadequate response', and no time limit if no response is received.
 

http://www.nfsesq.com/resources/legal-guide-motion-to-compel-discovery-in-sacramento-california/