Defendant not meeting deadlines


#1

If you please, could you explain to me what my options are for the defendant and her counsel not meeting deadlines:

A). Prior to the IPTC, they failed to to serve me with neither an EDA or supporting documentation as required by local rules.

B ). 30 days AFTER the IPTC, they served me with the EDA but no supporting documentation as required by local rules, stating within the EDA that documentation “To be disclosed in response to Defendants Discovery Requests”…I’m the Plaintiff, not the Defendant.

Basically, they know they are painted into a corner, but can they just totally disregard local rules like this?

Is there a Motion or something that can be filed to sanction them? Contempt? Anything?

Any advice would be appreciated, even if it is just heading me in the right direction.


#2

Motion to compel. I would also look at the rules regarding sanctions. The use of a strongly worded letter also works to get people in gear, and you usually need to send at least one to prove that you attempted to get the other party to comply without use of the courts.


#3

Thank you kathleen, I will do both.


#4

You’re welcome.


#5

BTW…after the original iptc I amended my complaint with opposing counsels consent. However, the original ED affadavits were already required to have been filed before the new complaint was filed. Amending my complaint ( to include Pss and/or alimony ) set another iptc. Should I bother with filing that motion to compel or just wait. I’m assuming having a new iptc scheduled makes the previous requirements void anyway. Or maybe not. This is my final question.


#6

You should go by whatever deadlines are in place now.