My Firm has just gotten retained by someone who is facing a potential $40 million judgment against him. Partial summary judgment has been entered on the first cause of action against him, his affirmative defenses and counterclaims have been dismissed, and the matter has been set down for an assessment of damages hearing. A note of issue has been filed by the plaintiff to certify discovery is complete and the case may be placed on the ready trial calendar. We appear to be long past the 20 day period in which one may move to strike the note of issue and remove the case from the calendar. We have had no discovery of any kind and need to take discovery on, inter alia, the issue of damages, both the computation and even the existence.
Welcome to my day. It's going to be quiet over here today.
Nothing like getting retained in a timely fashion.
Posted by Random Penseur at August 20, 2004 12:39 PMYEOWCH! Good luck.
Posted by: Emma at August 20, 2004 01:51 PMZoinks!
Posted by: Jim at August 20, 2004 02:16 PMNot to make this a competition or anything, RP, but today, I got to the office at 11:30, fired up the computer and got a cup of coffee, got a figurative pat on the back from one named partner on some work I did last week, had a lovely political discussion with another named partner in my office, and I'll be spending the next few hours preparing interrogatories and requests for production for a federal case that isn't even styled yet.
What do I win?
Posted by: David at August 20, 2004 02:21 PMDavid, you win nothing but the continued privilege, such as it is, of fighting the good fight.
In any event, it's good we did not make it a competition. My situation here is sooo much worse that I don't even want to update this post on the continued badness that has taken place since I first posted it. Can you say long past 20 days on the notice to admit that was served?
Posted by: RP at August 20, 2004 05:26 PMI once was a litigator. Tried it for almost 5 years. Hated it with every fiber of my being, in part because of situations like that.
But one thing kept me sane. . . remembering that it wasn't my money at stake. Assuming neither you nor your firm were the cause of the delay, you're golden.
I love writing contracts.