I have a case I have enough evidence on to go to summery judgement on off the gate. Procedurally what's the best way to go a out this? D's are unrepresented and extremely difficult about settlement talks.

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Summary* judgment*

likefunny

😂

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It’s not enough that you have the evidence. You also need to convince the judge that nothing they ask for in discovery will prevent summary judgment. Most judges are going to be inclined to let them do some discovery. You need to show why they should not get that.

likehelpful

I think this is the issue. The judge is going to want to let them do discovery. We have everything we need to prove our case, our discovery will not help them.

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Do motion for judgment on the pleadings

likesmart

This is another good option. It avoids the discovery question.

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Discovery. Then meet and confer. Then a motion to compel where you ask for sanctions but don’t get them. Then another motion to compel where you again ask for sanctions and hopefully get them, and prep judge that you’re worried you’re going to need judicial intervention during the depo.
Then during depo shenanigans seek out evidentiary sanctions. Then your MSJ is ready and you’ve primed the pump with the judge

likefunny

File a standard FRCP 12b motion to dismiss based on the pleadings or file a 12c motion to dismiss using more than the pleadings (MSJ standard applies)

likefunny

Can you get it dismissed on purely legal grounds, with no evidence needed? If so, file a Motion to Dismiss.

If you need evidence, file an Answer If you haven't already. Then file a Motion for Summary Judgment and set it for hearing. When they oppose the Motion, be prepared with a brief explaining to the Court why discovery would be pointless.

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I'm plantiff of in this action. Seeking injunction.

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Seek emergency injunction. I dislike your strategy tbh. It reeks of railroading pro ses.

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I feel that. Just as a judge, I’d be very wary of granting early SJ against an unrepresented party. Do press for emergency injunction tho.

OP sounds like a law student on a long term network expedition

funny

Can you file a MSJ right away, or is it too early? If too early perhaps you can file leave to file a MSJ. You should explain why your motion is case dispositive at this stage.

Has the defendant filed an answer and affirmative defenses? In some jurisdictions, you need to prove there is no genuine issue as to your affirmative claims, but also as to all of the defendant’s affirmative defenses.

OTSC seeking the injunction and then motion for summary proceedings

Since you're asking for an injunction, assuming it's a preliminary injunction, you can move for an evidentiary hearing, and present your evidence there. The Court may schedule one even if you don't ask for it by motion.

Did you draft complaint well enough to file 12(c)? If not, request a conference. Advise court. See if Court will allow, and if Court will allow a “second bite at the apple” upon completion of discovery. If all that fails, I’d think opposing party would need to respond with 56(d).

Hold your horses. I think you have to atleast issue some discovery and attempt to have a discovery phase. A good alternative may be for early mediation and then file a MSJ if unsuccessful.

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