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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 19132
Experience:  B.A.; M.B.A.; J.D.
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Defendants ran out the clock on Discovery. I got a hearing

Customer Question

Defendants ran out the clock on Discovery. I got a hearing and the judge compelled Discovery, but never issued this order in writing.
Defendants responded at last minute to Compel. Their answers were complete evasions devoid of substance.
I emailed, faxed and left messages for Defense Council stating their answers were Non-answers.I want to get to the bottom of this. My original pleadings may have been deficient in some aspects.
The Defendants operate a criminal enterprise that uses mail fraud as a prelude to grand theft. They prey upon their customers under the guise of a legitimate business. I want to prove this, but they are providing NO information or contact information for their employees / former employees.
If I move for summary judgment on my original pleadings the Defendants will appeal, get a better judge, string this out, hide their assets, destroy evidence, etc, etc.
If I move that the court issue the Motion To Compel granted at hearing but not issued in writing. I can use this and petition that Defendants be held in contempt after a hearing. Again this strings things out.
Could I move that the court Voir Dire question persons who's identity or addresses are only known to Defendants?
I really think this is a criminal case but in trying to get the cops involved myself the cops spoke with the Prosecutor and the Prosecutor declined to pursue this case.
I think the Defense council got to all of the former employees and coached them to say nothing.At this point I am not sure what legal instrument would best get to the bottom of this case.
Submitted: 1 year ago.
Category: Business Law
Expert:  Phillips Esq. replied 1 year ago.

Could I move that the court Voir Dire question persons who's identity or addresses are only known to Defendants?

Response: You can, but the Judge may not grant your Motion if you have not filed Motion for Sanctions against the Defendant for giving evasive responses to your Discovery Requests.

Customer: replied 1 year ago.
Should a movement for Voir Dire follow a separate movement for sanctions?
In requesting sanctions can I leave it up to the court or should I be specific?
I am interested in speeding this up as much as possible and getting the defendants to produce.
What sanctions would be most effective in achieving this goal?
Expert:  Phillips Esq. replied 1 year ago.

Should a movement for Voir Dire follow a separate movement for sanctions?

Response 1: That would be prudent.

In requesting sanctions can I leave it up to the court or should I be specific?

Response 2: You should leave up to the Court,

I am interested in speeding this up as much as possible and getting the defendants to produce.
What sanctions would be most effective in achieving this goal?

Response 3: Sanctions in this regard involve hefty fines.

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