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You should complete the conference statement yourself, and note the attempts that you made with the other parties attorney and they have not complied, and then file your own statement. Do you already have a trial date? most bankruptcy judges are fairly liberal in granting extensions but there are always a couple who give no ground so it depends on your judge. If you could get a motion to compel on calendar prior to the next hearing you would have your best chance at getting and extension so that can be heard.
Remember a motion to compel requires that you meet and confer with the other attorney prior to filing the motion, usually it is good to do a verbal, then followup with a letter attempting to resolve the conflict first.
trial date is 45 days away. conference date is 10 days away. is motion to compel doable?
You should at least attempt it, call attorney on monday and attempt to meet and confer regarding getting your discovery responses, then confirm with a letter on monday stating what you attempted to do. Give the attorney 7 days to respond with discovery in letter, then if no response file a motion to compel, not the easiest of documents to draft. Then in your case management statement for issues put discovery has been served but Defendant has refused to respond to it, meet and confer has been sent, and a discovery motion is anticipated. This way the judge might address the issue at your upcoming hearing. At the hearing state that you do not believe you can go forward with the trial until the defendant responds to discovery.
i am having problem with the website not letting me chat.
one more thing... I had served discovery on 4/30, 5/10, and 5/21. The discovery on 4/30 was extented until 7/5. No order for extention for 5/10 or 5/21 discovery. Were those due on 6/10 and 6/21? Should I file for motion to compel on those too?
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