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Can I back out of an agreement made in a Meet and Confer?

Berkeley, CA |

Defendant (a bank) objected to all of my production of Document requests. We had a Meet and Confer and Defendant agreed to send documents in 2 weeks if I signed a protective order, and reissue POD requests with more specificity - I did that. Defendant did nothing, instead telling me that they assigned new attorney to case. We had 2nd Meet and Confer; we agreed to protective order and a stipulation latter that give bank 2 weeks more than my 45 day limit to file a Motion to Compel.

On reflection, I want to back out of the stipulation because the bank's attorney was implying I might not get docs in any case. I think they are playing games. Can I back out of the stipulation, and file a Motion to Compel, or am I now obligated to the stipulation (I haven't signed it yet)?

Attorney Answers 2

Posted

You provided very limited facts. If you in fact have not signed a stipulation and your agreement was not entered into and in front of a mediator it sounds as if you can back away from the agreement.

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Posted

It isn't clear whether you have reached an agreement about the production of documents or not.

As to the first demand to produce, if all you got was objections, you may need to file a motion to compel production if your discussions with the opposing attorney (under the rubric "meet and confer") did not result in a written agreement about how and when you will receive documents, and hopefully including a commensurate extension of time to file your motion.

If you do have a written agreement and the other side hasn't lived up to it, you will have to make a motion after another "meet and confer" to try to get compliance.

You ought to review all correspondence, including emails, concerning your demand to produce to figure out what your status is. It might be worth an hour of attorney time to sort this out for you, so that you are not cheated out of the discovery you deserve in your case.

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