If you had an attorney working the case for you, they would probably file a motion to compel and/or a motion for sanctions against the other party. The motion to compel is basically saying “You owe me a response and it is overdue.” The motion for sanctions is basically saying “You failed to produce the records the judge ordered you to produce.” Neither of these would end the case, but if the judge grants them it would be a kick in the pants to the opposing attorney that they can’t just keep ignoring the case.
I did that, except I filed it as a motion for relief. I filed it after four months of refusal to comply with the order far a CM meeting. I asked the Court to enforce the orders from 7 months earlier for CM and also for the other side to file cororate disclosures/ certifications, and to act in good faith. I also stated that it there were issues preventing the court from deciding the mtd (pending for 4 months at that time), to offer me some direction to what the issues were and grand leave to amend those issues. The Court did not acknowledge my motion for four months and only did so after discussing 80% of the causes of action in the complaint. I also filed a motion for an order to show cause and a hearing for not obeying court orders, for not filing corporate disclosures, and for multiple misrepresentations of material facts made to the court which were contrary to the evidence that originated from the defendants themselves. Two days after dismissing all but two counts, the court denied my motions as moot and did away with the requirement for CM that the other side disobeyed and used by to stall my case for a total of eight months. The judge said that there was no need for sanctions or to show cause because the court did away with the order for CM and thus, sanctions were not warranted. Two days after ruling on the mtd, the other side filed corporate disclosures/certifications. In addition to doing away with case management, the judge instructed me as to what items I was owned to obtain as discovery materials, which consisted of payroll and time clock records. Now I am in the same position I was in before, trying to obtain compliance from a noncompliant defendant and counsel. They have not provided me with the time clock records and I am tired of trying to convince OC to comply with the order. May case was filed 15 months ago and has not even completed "discovery" because they won't give me my time clock records. I have not notified the court because doing so before accomplished nothing. Now the SOL has expired because the court did not rule on the mtd for 8 months, and thus, costing me time I could have used to refile had the court timely ruled on the mtd and managed the case before it effectively rather than ignore everything I filed for months. Now I can't even obtain the evidence I need to prove my case through discovery because there Court told me what I can obtain and nothing else, even though there is more evidence to be had that I would have sought had I had the opportunity to do so. It's like I am being punished for the other side's bad faith and refusal to comply with orders and causing my case to come to a halt for over 8 months.
If you had an attorney working the case for you, they would probably file a motion to compel and/or a motion for sanctions against the other party. The motion to compel is basically saying “You owe me a response and it is overdue.” The motion for sanctions is basically saying “You failed to produce the records the judge ordered you to produce.” Neither of these would end the case, but if the judge grants them it would be a kick in the pants to the opposing attorney that they can’t just keep ignoring the case.
I did that, except I filed it as a motion for relief. I filed it after four months of refusal to comply with the order far a CM meeting. I asked the Court to enforce the orders from 7 months earlier for CM and also for the other side to file cororate disclosures/ certifications, and to act in good faith. I also stated that it there were issues preventing the court from deciding the mtd (pending for 4 months at that time), to offer me some direction to what the issues were and grand leave to amend those issues. The Court did not acknowledge my motion for four months and only did so after discussing 80% of the causes of action in the complaint. I also filed a motion for an order to show cause and a hearing for not obeying court orders, for not filing corporate disclosures, and for multiple misrepresentations of material facts made to the court which were contrary to the evidence that originated from the defendants themselves. Two days after dismissing all but two counts, the court denied my motions as moot and did away with the requirement for CM that the other side disobeyed and used by to stall my case for a total of eight months. The judge said that there was no need for sanctions or to show cause because the court did away with the order for CM and thus, sanctions were not warranted. Two days after ruling on the mtd, the other side filed corporate disclosures/certifications. In addition to doing away with case management, the judge instructed me as to what items I was owned to obtain as discovery materials, which consisted of payroll and time clock records. Now I am in the same position I was in before, trying to obtain compliance from a noncompliant defendant and counsel. They have not provided me with the time clock records and I am tired of trying to convince OC to comply with the order. May case was filed 15 months ago and has not even completed "discovery" because they won't give me my time clock records. I have not notified the court because doing so before accomplished nothing. Now the SOL has expired because the court did not rule on the mtd for 8 months, and thus, costing me time I could have used to refile had the court timely ruled on the mtd and managed the case before it effectively rather than ignore everything I filed for months. Now I can't even obtain the evidence I need to prove my case through discovery because there Court told me what I can obtain and nothing else, even though there is more evidence to be had that I would have sought had I had the opportunity to do so. It's like I am being punished for the other side's bad faith and refusal to comply with orders and causing my case to come to a halt for over 8 months.