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Author Topic: MOTION TO PRECLUDE  (Read 1567 times)
imnotpaying
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« on: December 12, 2006, 07:12:20 PM »

Hopefully this is checkmate. Please let me know if you see any problems with it.

Quote

MOTION TO PRECLUDE
 Comes now Defendant, pro se, and hereby states the following:
1.   This action was commenced on 5/xx/2006 by Plaintiff filing a Summons and Complaint with the Court.
2.   Defendant, pro se, filed an Answers, defenses, counterclaims and, discovery request on 6/xx/2006 (production of documents).
3.   Defendant, pro se, sent Plaintiff a “Good Faith” letter reminding them that the 30 day period was expiring to comply with  the discovery request dated 6/xx/2006  and, that if  Defendant did not receive the requested documents, Defendant would be forced to ask the court for a motion to compel.
4.   On 11/xx/2006 the court issued an “ORDER TO COMPEL ON DOCUMENTS DATED 6/xx/06 - 30 DAYS TO RESPOND”
6.   This 30 period expired on 12/xx/2006 (35 day period expired 12/xx/2006.)
7.    As of 12/xx/2006 Plaintiff has not complied with the court’s “ORDER TO COMPEL ON DOCUMENTS DATED 6/xx/2006”. Plaintiff has not raised any objections or provided the Defendant with the requested documents.

FIRST RELIEF PRAYED FOR
9.   Now therefore, as a result of Plaintiff’s ’s failure and refusal to comply with the Court’s order to comply with the defendants discovery request, Defendant has been irrevocably harmed in her ability to narrow the issues for the Court to consider, and Defendant prays that the Court grant an Order to Preclude Plaintiff from producing any evidence, testimony, documents or other written, electronic or verbal matter at this motion hearing and at Trial.

SECOND RELIEF PRAYED FOR
10. In the event the Court grants the above Relief, Defendant asserts that Plaintiff has no issues of law or fact to raise and Defendant therefore prays that this court grant Defendant’s Motion for Summary Judgment and issue an Order of Summary Judgment against the Plaintiff.
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