The plaintiff’s recently filed a motion to overrule and compel discovery over ten objections that my counsel had raised regarding Plaintiff’s discovery requests. A hearing was held where the judge sustained all ten of our objections!!! This essentially terminated the second lawsuit that the Plaintiff filed. If they can’t have access to the discovery documents they were after, it will be impossible for them to make any sort of claim of damages. So, that was a big victory. My attorney assumed that the judge would throw the Plaintiff a bone or two but the judge sustained each and every one of our objections!

To date, the plaintiffs have only “won” a single hearing item, we have won almost 20 hearing items.

The Plaintiffs both sat for depositions and, in my view, their testimonies further tanked the second lawsuit. It was fun being a witness to the deposition and watching their lawsuits crumble right in front of my eyes! Their testimonies additionally provided my counsel with the discovery necessary to not only disprove the initial lawsuit but gave us discovery to prove counterclaims against them.

Less than a week later, they have (1) offered an informal settlement (which we declined to respond to), (2) offered a formal settlement (which they are certainly anticipating we will decline), (3) cancelled my deposition (we presume due to mounting costs to the Plaintiff) and (4) are asking to negotiate a settlement prior to an upcoming court-mandated mediation. I have zero faith mediation will be fruitful this time (it will be the second mediation relating to the disputes).

In my view, they have never operated in good faith and continue not to operate in good faith. During depositions, they both testified that I had “put them through hell!” This despite the fact that they filed the lawsuits! They further testified that I had essentially sexually assaulted the female plaintiff, a claim that is (1) not true, (2) they had never previously raised and (3) has zero discovery to support it.

Anyway, feeling good about our position. Not that my position was ever ‘bad’ but doubts certainly creep in now and again and there’s always that smidgin of doubt. Also, the ‘uncertainty’ has probably been the hardest thing to deal with. The costs are exorbitant but I should be able to recover everything as our contract has an attorney’s fees provision plus I anticipate financial restitution resulting from our counterclaims over their breaches of contract.