Depositions before produced discovery

[Hartzman]

Wells Fargo retaliation case in Federal Court.

Survived Motion to Dismiss as Pro Se.

Discovery due February 13, 2017.

Wells won't come up with what they said they would produce, and Motions to Compel have been filed for what they objected to etc...

Should I do the depositions without the material, file a motion to extend discovery until the production issue is resolved with a stipulation that I can do the depositions?

What's the most common procedure?

 

[Zigner]

You need an attorney.

 

[quincy]

Wells Fargo retaliation case in Federal Court.

Survived Motion to Dismiss as Pro Se.

Discovery due February 13, 2017.

Wells won't come up with what they said they would produce, and Motions to Compel have been filed for what they objected to etc...

Should I do the depositions without the material, file a motion to extend discovery until the production issue is resolved with a stipulation that I can do the depositions?

What's the most common procedure?

From what you have said, it appears that Wells Fargo has objected to disclosures you requested and the court has yet to hear your motion to compel. The court will determine whether the disclosures you requested are appropriate in the circumstances of the action. If you are running up against a deadline, you can file for an extension.

Here is a link to the Federal Rules of Civil Procedure. See Title V, Disclosures and Discovery. https://www.law.cornell.edu/rules/frcp

I agree with Zigner. You could use some local legal assistance. If you have an action that has survived a motion to dismiss, you do not now want to lose what could be a viable action due to a fumbling of the rules and procedures.

 

[Paul84]

Wells Fargo retaliation case in Federal Court.

Survived Motion to Dismiss as Pro Se.

Discovery due February 13, 2017.

Wells won't come up with what they said they would produce, and Motions to Compel have been filed for what they objected to etc...

Should I do the depositions without the material, file a motion to extend discovery until the production issue is resolved with a stipulation that I can do the depositions?

What's the most common procedure?

Congratulations on surviving the motion to dismiss. If you think that the material will be essential to getting a successful deposition, then ask for an extension with the stipulation, based on the results of the motion to compel.

I think the FRCP regarding discovery changed in the past year or so with regard to proportionality--i.e. tightening requirements for disclosure, depending on how much is at stake in the case versus the cost of the discovery.

 

[quincy]

... I think the FRCP regarding discovery changed in the past year or so with regard to proportionality ...

The link I provided is to the Rules as amended to December 1, 2016, so Hartzman has what he needs.

Here is a link to the National Court Rules Committee, if anyone is interested in the latest updates: https://www.federalrulesofcivilprocedure.org/latest-updates/