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I hope this message finds you well. That looks pretty good. I would change the title to Defendant's Motion to Compel Discovery, or In the Alternative, Motion To Dismiss. You also may want to add some additional language in the second paragraph which specifically states that the Court cannot and should not find in favor of the Plaintiff predicated on the Plaintiff's willful and wanton disregard for the requests of the Defendant, which specifically results in an inability of the Defendant to answer the requests of the plaintiff.
In adding this language, you better insulate yourself from a summary judgment and also put the burden back on the plaintiff while at the same time painting your opponent in a bad light. This also goes to the Motion to Dismiss...you are asking that the court dismiss the fraudulent claim of the plaintiff based on the plaintiff's own reluctance to act in accordance with the rules, as well as their failure to state a claim upon which relief can be granted.
Let me know if you have any other questions or comments.
Best wishes going forward.
When your stating " you are asking the court to dismiss the fraudulent claim of the plainitiff" ....you're not mixing that up with the fact that Defendant is claiming fraud against Plaintiff...correct!
otherwise thanks so much for your advise
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