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RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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I have a civil case in florida. We just made a motion to compel

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I have a civil case in florida. We just made a motion to compel since the defendant did not answer any interrogatories for discovery and will not answer to make a date for a deposition. baIn January they said they want to settle with mediation but nothing has been set up. What should I do. o
Thank you for using Just Answer.

It would be impossible (as well as unethical) for any lawyer in this format to tell you what to do as we are not familiar with the specifics of your case, have not seen or reviewed documents, etc. However, perhaps there is still something I can help you with.

You've filed the motion to compel so are presumably just waiting on a hearing date. Are you looking to settle? Are you opposed to mediation? Your question isn't very clear as to what your concerns are.
Customer: replied 4 years ago.

I am open to settle but they never gave us a mediation date and it has been 3 months. I was ready to settle in april. They have been given a deposition but will not answer( 2 months ago) and they did not answer any discovery questions.

Thank you for your reply.

So then it sounds like this is not court ordered mediation, but just something they had proposed, correct?

Here are you options then basically at this point:

1) Move forward with the case as is, and go to the hearing on the motion to compel. The judge will determine what they have to answer and when they must provide those answers to you. Since failing to answer you at that point will only result in further sanctions, hopefully that will get things moving.

2) Keep the hearing on the motion to compel on the calendar, but, assuming they are still looking to negotiate, enter into discussions regarding settlement. You don't necessarily need to go to a formal mediation to reach a settlement. If you think mediation would be helpful, then reach out to them with a series of dates and times when you are available to mediate (I would give them about 3 dates and times) and if you can agree to one, you can contact a private mediation service to set it up. I would discuss with the other party how the fee would be paid - the easiest would be to split the cost of the mediator, and each party to bear the costs of their lawyers, if any.

If you do reach a settlement prior to the hearing on the motion to compel, you can always enter into a stipulated settlement agreement and agree to dismiss the case (thus canceling the hearing).

If you need additional follow up, let me know. Happy to help.
Customer: replied 4 years ago.

What should I do if they do not set up the deposition? Is this another motion to compel?

If you've contacted them with multiple dates and times for the deposition and they did not reply, you can set the date that is most convenient for you and then simply notice them for the deposition and in attached correspondence advise them that since they did not reply to you with dates and times, you went ahead and scheduled it. If they fail to appear, you can file a Motion for Rule to Show Cause (basically a Motion for Sanctions). Basically, you are asking the court to set a hearing for the defendant to appear and explain to the court why they did not show up at a properly noticed deposition. The witness must then appear at a future court date, in front of the judge, and explain his/her absence from the deposition. Failing to appear at this court hearing triggers all the punishment to be inflicted upon the witness. Should the witness fail to appear for the hearing, that's when the judge may grant the Motion for Sanctions. The sanctions may take one of two forms, either the witness may be held in contempt of court for not appearing, or the court may issue a Writ of Bodily Attachment. Basically, a writ of bodily attachment is a "warrant" of sorts that permits law enforcement to arrest the witness. The witness would then wait in jail until the deposition date is held. That's rare that a judge would do that, though.
Customer: replied 4 years ago.

lastly, The defendant did perjury on an EEOC affidavit. They say it is "privileged" but the judge has kept it open. Can the judge decide that the false Affidavit can be used in the court or in the deposition?

Thank You.

They can, yes, or they may decide that the portion of the affidavit that is false should be stricken, or they can decide that the affidavit may still be used.
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