After a review of the pleadings and the applicable law, and considering argument of counsel, the Court finds as follows…
Who made the call?
The actual issue now before the Court is whether discovery propounded and responded to in state court is valid and enforceable and whether or not the limitations of 30 contained in the federal court case management order should be interpreted to include the already propounded state court discovery. Had counsel raised the issue, it is probable that the undersigned would have allowed a very limited amount of additional discovery. Because no attorney mentioned the prior discovery, the usual limitation of thirty was included in the case management order. Unaware of the state court discovery when the order was entered, the undersigned had no “intent” either way by entry of the Order…
Who made the call?
Counsel have both submitted pertinent cases…Some of the cases involve discovery propounded but not answered prior to removal. The law is clear that this discovery is no longer answerable, as Rule 26 specifically provides that no party shall serve or seek discovery from any source until after the attorney conference required in Rule 26(f). The law is less clear as to discovery which was both served and answered in state court.
After careful review of the authorities… Continue reading “Keeping score #4 – Who’s calling the game?”