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Pocket-docket finally filed

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I looked at the online court records today and see that JDB filed a Affidavit of Plaintiff and brief today.  I cannot view these online and will have to wait until they arrive in the mail- which should be Monday at the latest.  I am assuming right now that this brief and affidavit are Plaintiff's Reply Memorandum to my Memorandum in Opposition to Summary Judgment. 

 

A few questions/issues I have:

  • this 'Reply Memorandum' is untimely- it needed to be filed by July 1st.  I am worried that it will include alot more bs 'evidence' and the affidavit will be Jeff Hasenmiller swearing all the evidence is real and defeats my opposition.  And I'm nervous the judge will simply agree, not care that it was served/filed late and disregard my objections in my memorandum and I will lose.

Anybody know or have good examples on how to overcome a Reply Memorandum?  I am basically stuck with my Opposition Memorandum and the court rules do not allow for a Reply to a Reply Memorandum.

 

The MSJ hearing is on Thursday, July 11th. 

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I did get the Reply Memorandum and a new Exhibit.  The new Exhibit is the merger documentation between Hilco & EAF.  However, JDB also filed an Affidavit of Plaintiff with the court, but did not serve me with it.  I called the clerk today and they confirmed it is a new affidavit.  Not sure what to do aboot that.  I am drafting another letter to the attorney saying I did not get the affidavit they filed.

 

It would be super cool if someone maybe replied to my thread- even if it was just to give me a shout of encouragement.

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Last week, I sent JDB 'Defendant's Request for Production of Documents'.  My list was substantially the same as what I found on this forum- dubbed in some posts "Bruno's discovery list" (14 in total).  I will post a link and/or further details after my immediate questions.

Which brings me to......  this week I received Interrogatories and Requests for Admissions and would love some assistance in responding in the most effective way possible.  Some aspects of JDB's language (particularly the admissions) have me scratching my head.

 

First the rogs.  They start with definitions, which I will omit here for the sake of brevity.

  1. Identify the person who answers these Interrogatories, and if more than one person supplies information or answers to these Interrogatories, please state which person answered which portion of each Interrogatory. 
  2. Identify the persons known to you who have or claim to have any information concerning the facts that are relevant to the subject matter of this action, and state in complete detail the substance and nature of any such information.
  3. State whether or not you or anyone on your behalf has obtained a statement from any person relating to this action, the name of the person from whom the statement was taken, the name of the person taking the statement, and the dates of the statement, and type of statement.
  4. Identify each person you expect to call as a witness at the time of the hearing of this action.
  5. Identify all evidence you intend to introduce at the trial of this action.
  6. Identify each person whom you expect to call as an expert witness at the hearing of this action, and for each such person state their qualifications; the subject matter of the expected testimony; the substance of the facts and opinions to which the expert is expected to testify, including a summary of the grounds for each such opinion; and all treatises or other authorities such experts will rely upon with respect to the expression of an opinion.
  7. Identify by stating the date, parties to and content of, each and every written or oral communication you have had with any person or entity, other than privileged communications and/or discussing or referring to any of the claims or assertions in the Complaint, Answer and Counterclaim.
  8. Identify and describe any written correspondence, documents, or notification between the Defendant and Plaintiff.
  9. State with specificity any statements made by Plaintiff which you claim or will claim constitutes an admission against interest by Plaintiff.
  10. Identfiy any document or documents which you claim or will claim constitutes an admission against interest by Plaintiff.
  11. Identify all employees, agents or representatives of Plaintiff that Defendant had oral communications with concerning the subject matter of this litigation, and for each individual identified, state the date and substance of the communication.
  12. State whether you contend any of the monthly payments or periodic payment were excused.
  13. If you answered yes to Interrogatory 12, state the following: (a) What payments were excused; ( B) What dates they were excused; and © Why they were excused.
  14. Identify all documents referred to, relied upon or related to any Interrogatory, your response to any Interrogatory, and your defenses, claims and assertions not previously identified in your response to defendants' Interrogatories.
  15. List any and all legal defenses you are asserting against Plaintiff in this action.
  16. List any and all addresses at which you have resided from January 1, 2003 to January 1, 2013.

 

I got these exact same interrogatories.  Do you have sample responses to them?

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