My question involves court procedures for the state of: Illinois
I'm a defendant in a civil matter in Illinois. The case is still in discovery, and the plaintiff has repeated refused to comply with some discovery requests for matter that is clearly related to the case. We emailed back and forth, had a phone conference about it, and then I filed a Motion to Compel Discovery or Dismiss the Complaint with Prejudice.
The requests I made were for things clearly related to the complaint (even mentioned directly in the complaint), but the plaintiff's lawyers keep saying they're irrelevant without providing explanation. As far as I can see, the plaintiff is refusing the requests because the information they will divulge would not only be very embarrassing to him, they would also hurt his case. As I've pressed these requests, his lawyers have started talking about settling with me. The plaintiff obviously wants to avoid being compelled to comply with my requests.
My problem is this: I have a feeling that the plaintiff might voluntarily dismiss the case in order to avoid having to comply with my requests. In that scenario, it won't be dismissed with prejudice. I want to make sure that if it's dismissed, it's with prejudice. The judge doesn't necessarily need to hear my motion, as far as I know. I believe that if he did read the motion, he'd agree that the case should be dismissed with prejudice. Is there a way to get it heard if the plaintiff dismisses the case?
I'm a defendant in a civil matter in Illinois. The case is still in discovery, and the plaintiff has repeated refused to comply with some discovery requests for matter that is clearly related to the case. We emailed back and forth, had a phone conference about it, and then I filed a Motion to Compel Discovery or Dismiss the Complaint with Prejudice.
The requests I made were for things clearly related to the complaint (even mentioned directly in the complaint), but the plaintiff's lawyers keep saying they're irrelevant without providing explanation. As far as I can see, the plaintiff is refusing the requests because the information they will divulge would not only be very embarrassing to him, they would also hurt his case. As I've pressed these requests, his lawyers have started talking about settling with me. The plaintiff obviously wants to avoid being compelled to comply with my requests.
My problem is this: I have a feeling that the plaintiff might voluntarily dismiss the case in order to avoid having to comply with my requests. In that scenario, it won't be dismissed with prejudice. I want to make sure that if it's dismissed, it's with prejudice. The judge doesn't necessarily need to hear my motion, as far as I know. I believe that if he did read the motion, he'd agree that the case should be dismissed with prejudice. Is there a way to get it heard if the plaintiff dismisses the case?
Motions: How to Make Sure Motion is Heard Before Voluntary Dismissal
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