Steps taken in a lawsuit

What is the name of your state? What is the name of your state? Alabama

My small business in being sued by a former employee that was "injured" by an accident caused by a third party.

I have retained a lawyer, answered the complaint and the plaintiff's motion of discovery within thirty days of receipt of the same.

Since then, the plaintiff's lawyer has done nothing but threaten, lie, and harrass me. The motion of discovery requested of them was due last October and has never been sent.

My lawyer is pushing for me to settle as he said they can continue to harrass me and cause me to spend more money on his services. They have yet to offer one shred of evidence regarding the alledged injury.

There is more to the story, but basically, do I have any options? They are asking for a deposition now. Can this be done before they return their motion of discovery?

[Jeter]

I'm understanding this that the discovery deadline has passed, correct? Discovery has to be completed by the discovery deadline, and you should not have to respond to requests past the deadline. I would suggest that you file a response to the notice of the deposition stating that the deadline is past and that you decline to attend. All evidence which will be introduced at trial must be produced by the deadline if you have asked for it.


Jeter

I didn't think that the case could proceed until they answered the first set of interrogatories and the motion of discovery. These were both sent to the plaintiff's lawyer Oct. 1, 2001. Neither has been answered.

My lawyer keeps saying that they can drag this out and it would be better to settle now. I can't see the point of making any moves until they return those answers. A letter from P's lawyer to mine said that if we did not agree to his settlement offer of $15,000.00 to be ready to make a deposition. My lawyer declined the offer and said to have the answers within five days or he would issue a motion to compel. I can't understand why we are making any moves (@ $150.00 an hour) to make them progress in the case. Any thoughts?

[stephenk]

Your attorney is doing the right thing. Make sure he follows up with the motion to compel discovery responses from the plaintiff and to seek monetary sanctions against the plaintiff and their attorney for having to bring the motion.

If the plaintiff fails to comply with the court order, your attorney can then go in and file a motion to terminate the case and you are then free!