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Employment Lawyer
Employment Lawyer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 311
Experience:  I have over twelve years of experience representing and advising clients in employment law matters.
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what must a meet and confer letter about discovery disputes

Resolved Question:

what must a meet and confer letter about discovery disputes contain for an eeo case?
Submitted: 7 years ago.
Category: Employment Law
Expert:  Employment Lawyer replied 7 years ago.
"Meet and confer" refers to an obligation to talk with your adversary (opposing party's lawyer) about any claimed deficiencies in the discovery process. For example, if you have been served with interrogatories or requests for production, but your adversary claims that you did not respond within the required time period, or that your responses were deficient, the opposing party is required to "meet and confer" with you about remedying the deficiencies before they ask the court to order you to do so, or to impose other sanctions against you. It sounds like you need to talk with the opposing lawyer and schedule a meeting in-person or by phone to address the discovery issues.
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Customer: replied 7 years ago.
i appreciate your feedback, however, maybe i did not phrase the question correctly. i already understood what you have replied.
to my understanding i am to answer a serious of questions in the discovery, but if i do not agree with some of the questions i am to write a meet and confer letter to dispute them. do i include every question on the discovery in the letter or just the ones i dispute?i need to know what the letter must contain and what format it must be in?
Expert:  Employment Lawyer replied 7 years ago.
There are various "objections" you can make to discovery requests that are improper or overly broad. The most common ones are: "overly broad," "unduly burdensome," and "not reasonably calculated to lead to the discovery of admissible evidence."   You are required to serve your opponent with your objections and your responses to the discovery requests within the applicable time limit (usually, 30 days from when they were served upon you). "Meet and confer" only applies when one party believes that the opposing party has failed to meet his discovery obligations and is about to ask the court for relief. If you are still within the time limit, and you wish to "object" to some of the discovery requests, you need to quote each discovery request separately, and respond with either your objections or your answer.
Customer: replied 7 years ago.
what is the usual time limit for the meet and confer letter?
Expert:  Employment Lawyer replied 7 years ago.
Can you please give me a little more information about the procedural status of your case. Were you served with interrogatories and/or document requests? If so, when? Did you respond to them in a timely manner? Has the opposing party threatened to file a motion against you for failing to respond? Who is telling you that you need to do a "meet and confer" letter?
Customer: replied 7 years ago.
on friday june 12, 2009 i recieved an AGENCY'S INTERROGATORIS, REQUESTS FOR PRODUCTION OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS packet. it was suggested during a consultation from a lawyer to write a letter to the agency disputing the requests.
Expert:  Employment Lawyer replied 7 years ago.
Is this a lawsuit? An EEOC charge? Who is the "Agency?"
Customer: replied 7 years ago.
the agency is the United States Postal Service. it is an EEOC case. the case has been filed but there has been no hearing. it's in the formal complaint stage. the affidavit has been completed. the request for hearing has been completed. it is a descrimination complaint case. i have revieved discovery from the agency dated june 8, 2009. i have 30 days to respond to their requests. i also have a 3 day limit to dispute these requests. that is which the letter i am confussed about.
Expert:  Employment Lawyer replied 7 years ago.
It sounds like your "dispute" letter has to be submitted right away. However, you can probably call the attorney representing the USPS and request a reasonable extension--say, an extra week or so. To the extent any of the requests are not in dispute, you should be sure to serve your responses to them within the 30 days.
Customer: replied 7 years ago.
thank you for that response. however back to my original question; if there is a request in the disovery for instance "Interrogatory No.1: describe in detail each act, event or stituation which you believe you were subjected to because of your race. your response should include the corresponding dates of ocurance." if i do not dispute this request do i have to include it in the letter?
Expert:  Employment Lawyer replied 7 years ago.
Not in the letter, but you would have to serve a response to the interrogatories within the 30-day time limit. Your response should quote each interrogatory and then provide your answer beneath it.
Customer: replied 7 years ago.
ok thank you!

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