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What options are available to a Plaintiff for discovery when an Anti-SLAPP motion is filed?: Plaintiff sues a defendant. Defendant files a Rule 12b6 Motion and an ANTI-SLAPP motion to dismiss. The court entered a scheduling order requiring that discovery be completed by a certain date. Plaintiff email and ask opposing counsel for dates of availability to take defendants' and other non-parties deposition. Opposing counsel responds that they wish to wait until year end to engage in discovery. Plaintiff disagrees with that approach and insists on pursuing discovery to meet the court scheduling deadline. Plaintiff warned opposing counsel that unless they cooperate it may be necessary to involve the court. Opposing counsel refuses to respond. Filing an ANTI-SLAPP motion stays discovery so what can a plaintiff do. Can plaintiff take discovery of non-parties even with the pending Motion

Asked over 1 year ago in Lawsuits & Disputes

Gregory’s answer: Agree with Mr. Bain.

Also see www.slappedintexas.com. Excellent resource and the movement behind the 2011 legislation.

Good luck.

Answered over 1 year ago.


Can perjury be charged due to conflicting material statements made on a sworn affidavit and against later testimony?: Defendant in civil case made inconsistent and conflicting statements in sworn affidavits, interrogatories and in his deposition and court testimony.

E.g.

Affidavit - "No one but I knew about the fraud"
Interrogatory - "No one but I knew about the fraud"
Deposition - "Only I and Jack knew about the fraud"
Testimony - "Only I and Jack knew about the fraud"

Asked over 1 year ago in Lawsuits & Disputes

Gregory’s answer: Agree with previous counsel.

Good luck.

Answered over 1 year ago.


I need a civil rights attorney for the violation of my sons rights which ended in his death?: I want to file on the Sheriff'f dept in federal court...Also what can be done about a dash cam where you can hear most of what is being said etc....and then the officers police report clearly shows he lied in his written report, then The Texas Rangers investigated and his report has many falsehoods also that the dash cam can prove that he is lying...This Ranger testified in front of a grand jury as to what he heard on the dash cam...he stated the man made audible sounds that were unknown to him...the dash cam you can clearly proves my son was talking answering questions & my son yelling out in pain, saying OW OW, n my son yelling Get off me Get off me...this happened in a field waiting on ems over an hour to get there and died in ambulance

Asked over 1 year ago in Lawsuits & Disputes

Gregory’s answer: I am sorry for your loss. Again, use the search function to find a very good personal injury lawyer in San Antonio, Texas.

Good luck.

Answered over 1 year ago.