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- Path: sparky!uunet!snorkelwacker.mit.edu!ai-lab!zurich.ai.mit.edu!philg
- From: philg@zurich.ai.mit.edu (Philip Greenspun)
- Newsgroups: rec.autos
- Subject: Ford kicked my ass in court
- Date: 18 Nov 92 11:26:15
- Organization: M.I.T. Artificial Intelligence Lab.
- Lines: 57
- Distribution: rec
- Message-ID: <PHILG.92Nov18112615@zug.ai.mit.edu>
- Reply-To: philg@martigny.ai.mit.edu
- NNTP-Posting-Host: zug.ai.mit.edu
-
-
- I promised to let you know how my motion to compel discovery went and
- here is the somewhat sorry tale...
-
- The judge, a 50ish woman in a bad mood, (not the same judge who denied
- Ford' motion for summary judgment) came in and was upset because the
- requests for documents and responses were not "filed with the court",
- i.e. in front of her. Although Ford's attorney and I gave them to
- her, she was sour. She clearly did not read the legal arguments in
- either my motion to compel or Ford's opposition memo or my reply to
- their opposition memo. Obviously, she did not look anything up in a
- law library since she decided the motion on the spot (judges who wish
- to give an appearance of fairness usual say "I'll take the matter
- under advisement")
-
- She asked us to orally argue each point, and she only allowed me
- points 1,4,5, and 12:
-
- 1) more paperwork between Ford and the dealer who sold me the car
-
- 4) more complete production of correspondence between me and Ford
-
- 5) more complete production of internal documents relating to me or my
- particular car
-
- 12) documents relating to service procedures for my car
-
- Ford's lawyer made weak, vague objections and kept talking about my
- "conspiracy theory" and how they couldn't produce advertisements, for
- example, because they were now on microfilm.
-
- In short, I was railroaded, and I didn't get documents to prove my
- contention that Ford concealed likely problems with this car.
-
- On the bright side:
-
- This will be grounds for appeal if I lose my case or don't win as much
- as I think I should.
-
- I can ask for a lot of the same information in interrogatories and
- requests for admissions. Ford will object but my motion to compel
- will almost certainly come up before a different judge who may be more
- pro-discovery.
-
- Finally, the judge mentioned in an aside to Ford's attorney that "I'll
- bet that you will rue the day you had this transferred from the small
- claims docket." Ford's attorney said "We already do, your Honor."
-
-
- --
-
- -- Philip Greenspun
-
- -------------------------------------------------------------
- MIT Department of Electrical Engineering and Computer Science
- 545 Technology Square, Rm 433, Cambridge, MA 02139
- (617) 253-8574
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