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Next step...rogs and request to produce narrowly tailored to what you need to prove the elements of your claim.
Once the answer and affirmative defense is filed another set of discovery requests geared towards the factual basis Defendant claims supports its (specific defense) and identity documents and information Defendant contends supports its (specific defense). Plus add in anything you didn’t get from your first round of discovery, including a Rog that requests Defendant to identify all individuals who may have knowledge of the factual allegations in the complaint and to provide what knowledge those individuals may have.
Then depose Defendant and individuals identified in response to discovery requests. Questions geared toward proving the elements of your case and disproving Defendant’s defenses.
Remember, the purpose of discovery is to get what you need to win summary judgment. If you don’t win summary judgment because there are issues of fact then you should still have everything you need to go to trial.
Good luck!
Get a litigation calendar in place for each case. You do not want to blow an expert disclosure deadline.
This is a dog bite case, btw!
I appreciate the insight!! 🙏🏽
Word. I do insurance defense in Ky. Issue targeted discovery with your complaint. If they don’t answer send a letter. If the don’t answer that, file a motion to compel. After paper discovery, request depos of key players. Once those are done, reach out to try and mediate. If they don’t want to , motion to set for trial. Retain necessary experts. Prep the case for trial. Win at trial. Defend it post judgment and try to settle before appeal. If you lose either cut your losses or appeal. Godspeed.
Yeah, if they do move for summary judgment this early in the game then file a response arguing summary judgment is premature. The judge will likely give you time to conduct discovery usually about 6 months. If you don’t use those 6 months productively then the judge is likely to grant their motion.Good luck.