TNJ......... The Discovery Motions Hearing........

Part One

Dave and I arrived at the courthouse in time for a 1 pm hearing only to find start time for that hearing was 1:30 pm. I thought the court had changed the time but looking back over my records I realized it was my nerves that got things confused. I am not a patient person and the last thing I needed was an extra half hour to sit in the court house lobby and stew about things to come but I'd set myself up for just that.

I must have made a half dozen trips to the bathroom before the courtroom was unlocked. Between thinking I was going to vomit, my intestinal tract churning and my bladder contracting, I felt like I was meeting myself coming and going out of the ladies' restroom. At least when I was worried about my bodily functions I didn't have time to worry about the court case so maybe the distraction was good.

As the time seemed to crawl I wondered how long it would take us to get called once court was in session. I knew from the last time there would be a number of cases on the docket for the day. There didn't seem to be any rhyme or reason to what order or preference cases received and I was dreading just the thought of having to sit in the court room and do more waiting.

Looking back, it probably would have been good experience for me to get to see how other cases were handled but, just as the time before, this time my case was the first one called. The opposing counsel was not present and I was thinking I would be home free with no opposition to my motions. It seemed from everything I understood if they didn't show, then I should get what I asked for but that's not what happened in this case.

The judge asked me what opposing counsel had to say about my requests. I told him she seemed to be very upset about the requests for admissions but I assured the judge, "Each is just a simple statement, your Honor, so there will be no confusion. They should only require a yes or no answer."

I paused looking for some kind of sign he understood what I was saying. The judge was looking through the paperwork but his face told me nothing so I proceeded, " Your Honor, I have thirty horses. With the defendants only using vague numbers some of them need to get eliminated or we'll never get through this mess. These admissions are designed to do that and to simplify other things. If I am ever going to have a chance at proving he did not do the work he claims, I need these admissions."

As I was talking, I could see the judge still flipping through my documents. He had acknowledged my saying I had thirty horses by raising up his head and making eye contact with me. I could tell from his expression knowing that number made an impact on him. There was definitely some kind of realization washing over him as he stated, "I can see where these would be useful. I'll allow them."

"Your Honor, what about my other requests for documents and the interrogatories." I continued.

"You need to work that out with opposing counsel," he informed me. My heart sank hearing those words. If I'd thought opposing counsel would give those things to me I never would have asked the court's permission to get them. I was flustered but not stopped.

"Your Honor, opposing counsel was concerned specifically about items 277 and 278 on the admissions. I clearly see that I should have worded them differently. Can I fix that or am I stuck?" I knew each needed to be modified saying "BG received the email stating ......." leading into what I'd already said. With that I would have the information I was looking for. Those were important pieces I didn't want to lose.

As the judge continued looking over documents, he said I should work that out with their attorney as well barely looking at me.

"Your Honor, what about amending my complaint then? I really need to fix what I did in my original paperwork." I implored.

"Yes, I will grant that BUT I don't want this to be a recurring pattern. Do you understand?" he chided.

"Yes, your Honor, I do understand. This will be the last time I make this request. I worked very hard on my research to be sure I have it right this time. I appreciate the court giving me the opportunity to fix this. I will be more diligent in the future, I promise."



With that it was over, other than me providing the motions to be signed with the appropriate corrections. Once they were signed and sealed I was given copies for my records. To be honest I don't remember if I got documents for opposing counsel or if they stayed there at the court for them to pick them up.

All I remember is it was over and I felt defeated and elated at the same time. While I didn't get everything I asked for, getting those admissions granted was a big deal to my case. I knew no matter what their answers were those admissions would box BG and WF into the corner they'd built with their lies.

I really wasn't sure why the admissions had appeared so threatening to the opposing counsel when she knew nothing about horses or even really the case from what I could tell. She had raised such a big stink about them I knew there was something about them was important to her. I just didn't know what it was I guess I would have to wait and see what that was about.

One thing was clear. Even if I didn't get one more of my discovery requests granted, I still had a very viable case. For the first time in this lawsuit I knew I had applied real pressure to the defendants. They now had dramatic proof that I was not going to lay down and take whatever they shoved my way. They may not know it yet, but I knew this was just the beginning of their nightmares.

To be continued.......................

a Questionable Meeting.....

This picture is another one of Image. He was five days old when this picture was taken and boy did he win the hearts of everyone present at that photo shoot including the photographer and his wife who are rarely affected by the horses they photograph.

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