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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33397
Experience:  Began practicing law in 1992
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I was just informed Friday Afternoon that my Attorney is not

Customer Question

I was just informed Friday Afternoon that my Attorney is not going to initiate discovery and today is the deadline. I suppose I was supposed to have given another retainer and was not aware. I am a federal employee and our email is down. Although I hope the Judge and attorneys got my expedited motion to extend the discovery deadline we cannot communicate. I am on a 107 minute hold and like I said I out email is down nationwide. I am panicking wondering what to do.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: It is federal
JA: Has anything been filed or reported?
Customer: Yes my EEOC complaint was accepted and my Attorney will not be ready for the discovery initiation deadline today
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 10 months ago.

Is there a specific question with which I could assist?

Customer: replied 10 months ago.
I am needing a format to initiate discovery in a Federal EEOC case. I am the complainant and my case was accepted. I do not know how to initiate discovery
Also I requested an extension by the AJ and copied the Attorneys but our email is down at work and I don't know if it is approved. I am on a 107 minute hold with EEOC
Expert:  Dwayne B. replied 10 months ago.

Are you represented by a lawyer?

Also, when you state it is a "Federal EEOC case" do you mean it is already filed in the court?

Customer: replied 10 months ago.
I am working Pro Se at this point and need discovery language suitable for the federal sector
Customer: replied 10 months ago.
My Lawyer just told me Friday evening that they needed an additional 9K to do Discovery and the initiation deadline is today. We are scheduled for a pre hearing conference
Expert:  Dwayne B. replied 10 months ago.

First, if you still have an attorney of record you're not allowed to file anything for yourself.

What do you mean by "discovery language"? Are you asking about what to put in the discovery requests?

Customer: replied 10 months ago.
I thought I had an Attorney but they allege they don't represent me at this step without 9K more. They told they employer SSA attorney that they are not representing me at this stage. I don't want to miss my opportunity for discovery
Customer: replied 10 months ago.
I have filed a complaint for discrimination based on age, disability and retaliation. It was unreal what they did and continue to do
Customer: replied 10 months ago.
Expert:  Dwayne B. replied 10 months ago.

You will have to have them formally file a Motion to Withdraw and the order signed before you are supposed to actually file anything.

Maybe the judge and the other attorney will let it slip through so long as your attorney goes ahead and withdraws.

If you are asking what you put in discovery requests then that is different for each case. In federal court normally the judge has pre-determined requirements of some things. For instance, most federal judges require that each side do a "Disclosure" which will include a list of witnesses (called "persons with knowledge of relevant facts"), a list of items you intend to offer into evidence, and then some other things as well. You can contact the clerk of courts and ask them if the judge has a standard discovery order in place.

Customer: replied 10 months ago.
Today is the deadline, I cannot get the Attorney on the phone, the Judge and email is down in our agency
Expert:  Dwayne B. replied 10 months ago.

Then, you need to craft the remainder of your requests to your case and your theories. While you can look around the internet and find "forms sets" of discovery those are rarely of any help other than as guides because those are for the case they were designed for, not yours.

You need to read up on discovery and thoroughly understand what you are trying to do with it before trying to draft it. There is a really good, inexpensive e-book available for instant download at

Today is the deadline for sending discovery or responding to discovery?

Customer: replied 10 months ago.
Deadline to initiate, what does that mean
Expert:  Dwayne B. replied 10 months ago.

Can you type the whole sentence it is in?

Customer: replied 10 months ago.
No, I just know that today is the deadline to initiate discovery
Expert:  Dwayne B. replied 10 months ago.

Usually it means the day to start. However, it can be used to mean it is the first day that you are allowed to begin discovery. That is because discovery includes not only the written discovery but also depositions.

Customer: replied 10 months ago.
Deadline sounds like the last day of something
Expert:  Dwayne B. replied 10 months ago.

It can also be the last day that you can do discovery. How long ago was the lawsuit filed?

Customer: replied 10 months ago.
It is not a lawsuit, it is a EEO complaint. Do you know Federal Law?
Expert:  Dwayne B. replied 10 months ago.

Yes, extremely well. That's why I asked you way back there was it already filed in the court.

Expert:  Dwayne B. replied 10 months ago.

I'm going to opt out though. I don't think there is any way possible to tell you how to do all of your discovery and get it ready today.

Customer: replied 10 months ago.
I filed a complaint, it was accepted. I now have a pre hearing conference with the Judge and SSA Attorneys, I am a SSA employee