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miker735

Settlement after arb commenced

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I am in the midst of trying to settle before discovery. Would it be inappropriate to ask for a delay of discovery while we try to settle? It just appears it could move things along by avoiding the other side further cost.

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I wouldn't worry about the delay of discovery. It's a pretty informal process and just cost's the price of Notary if used and Certified mail.  Who cares what the Plaintiff has to pay for discovery materials. He's going for a quick default judgment and wanted you to no show. It's best to get started quickly because sometimes you are limited in time to take receipt or request documents such as in Oregon we only have 49 days after Arbitrator assignment. If 30 get used up in waiting for production you don't have much time for responses and second requests for discovery time out. Most motions have to be filed 20 days prior to court date. It's a race against time. 

 

You have already ruined his day so may as well file a request for production and a request for admissions. More than likely it will add to his costs as well as motivation to settle if that is your goal.

 

HP

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I wouldn't worry about the delay of discovery. It's a pretty informal process and just cost's the price of Notary if used and Certified mail.  Who cares what the Plaintiff has to pay for discovery materials. He's going for a quick default judgment and wanted you to no show. It's best to get started quickly because sometimes you are limited in time to take receipt or request documents such as in Oregon we only have 49 days after Arbitrator assignment. If 30 get used up in waiting for production you don't have much time for responses and second requests for discovery time out. Most motions have to be filed 20 days prior to court date. It's a race against time. 

 

You have already ruined his day so may as well file a request for production and a request for admissions. More than likely it will add to his costs as well as motivation to settle if that is your goal.

 

HP

 

Sorry but I failed to mention we have commenced arb with JAMS and the next step is discovery. Dates have been set for discovery and the hearing.

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