I am the plaintiff. I sent my interrogatories
to the defendant on October 19, before our scheduling conference. We held the conference on November 16. I did not resend the interrogatories. The Defendant failed to respond by the deadline of June 1. Defendant also failed to submit any discovery questions to me.
I complied with the rules and inquired to him regarding if he was going to comply. The defendant said he would but three weeks later, still hadn't. He also said that he would be requiring me to submit to depositions. I politely stated that since he hadn't filed his discovery request before the deadline, I was declining the deposition.
I then filed a Motion to Compel. The defendant objected saying that I didn't renew or re-submit my discovery after the Rule 26 conference. How do I respond to that? Also, defendant now claims that I have refused to voluntarily appear and provide my sworn testimony to him and therefore my motion should be denied. How do I respond to that?
I don't understand this objection he makes: That defendant opposes Plaintiff's Motion to Compel discovery as being untimely, having been filed June 19, 2012, after the expiration of the agreed upon discovery cutoff date of June 1, 2012. This paragraph makes no sense to me.
Thanks for your help.