Hello, my name is XXXXX XXXXX X'XX be answering your questions.First of all, I need to say that judges, as a general rule, hate it when parties play games with discovery.
Second, it seems to me as if you have figured out the rules correctly. At the time of the scheduling conference, the interrogatories weren't yet overdue, so why should they have been discussed?Further, your refusal to submit to a deposition after the deadline should have no bearing on the other party's refusal to answer timely interrogatories.
What it looks like to me, is that this attorney is attempting to 'baffle with bulls**t,' in order to switch around the order in which things get done ... and do the deposition _before_ answering the interrogatories, when the rules clearly make it that he's second, not first.Your motion to compel is not untimely, since the deadline refers to the actual discovery (the interrogatories) not the motion to compel.
All in all, my suggestion is, when you are getting this kind of run around, you need to get the other party in front of a judge, where it wouldn't work so well. Look carefully at the rules, there may be a requirement to 'confer in good faith' before you see the judge,
Have I answered your question completely, or do you have a follow up?
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