The following blog entry is written from a defendant’s position during the early stages of litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment/personal injury case and its proceedings.)
STATEMENT OF FACTS.
On or about June 1, 2006, Ms. Brown properly noticed Defendant’s deposition to take place on or about June 24, 2006. Defendant refuses to appear for his deposition. In order to avoid the need for Court intervention, Ms. Brown has made numerous attempts to meet and confer with Defendant to no avail. Ms. Brown’s counsel and Defendant’s counsel made numerous exchanges via email in attempt to meet and confer.
On or about June 6, 2006, Joel Steinman (hereinafter “Mr. Steinman”), counsel for Defendant, notified Ms. Brown’s counsel that his client was unavailable for his deposition on June 24, 2006. On or about June 7, 2006, Mr. Steinman again reiterated that Defendant would be unavailable until August 2006. Mr. Steinman also stated that Ms. Brown would not be prejudiced by this delay since a trial date was not yet set.
Later that day, Ms. Brown’s counsel sent Mr. Steinman an email in again asking for concrete dates for Defendant’s deposition. Ms. Brown’s counsel also reminded Mr. Steinman that Ms. Brown need not show that she would be prejudiced by the delay under the Code.
Ms. Brown’s counsel also explained that he needed Defendant to commit to deposition dates as soon as possible as he has trial starting in Nevada in mid-July. In response, Mr. Steinman sent an email on or about June 8, 2006 wherein he stated that he did not understand why the parties could not wait until August to take Defendant’s deposition and again reiterated that there was no trial date set in this matter. (See Part 3 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.