Proof of fault did not excuse a missing discovery conference
Justice Perez required counsel to try to resolve the discovery dispute before asking her to intervene. She could grant judgment on fault while denying requests to strike an answer or enforce discovery.
Preparation point
Show that counsel conferred on the specific dispute before asking the court to resolve it.
How it played outSituation, action, outcome
- The situation
- A party requested discovery orders or sanctions.
- What she did
- She checked whether counsel had tried to resolve the dispute.
- What made a difference
- A liability ruling did not excuse that missing step.
In her words1 quote
“highlight specific point(s) of contention that require judicial resolution”
Quiles v Kaba, printed p. 3. On identifying the discovery dispute the court must resolve.
In the cited cases2 rulings
Brooks: she granted liability judgment but denied discovery relief because counsel had not properly conferred in person or by phone.
Quiles: she denied the request to strike the answer under the conference requirements, while granting liability judgment.