Wednesday audio--Section B, Section A.
We will finish the discovery rules, then proceed to Coca Cola (on the Puzzles sheet). Be ready to argue your side on everything from whether the formulae are discoverable to how the issue will be litigated to what happens if the court orders production and Coca Cola continues to resist.
We will begin Summary Judgment in our double session on Friday.
Sample discovery requests (corrected links) here, here, and here.
Here, here, and here are sample excerpts from depositions (the deponents are two people who worked for DOGE; the lawsuits are challenging the lose of certain National Endowment for Humanities (NEH) grants).
Finally, about a decade ago, The New York Times ran a series called "Verbatim," in which actors recreated depositions based on the transcripts. This and this were among the best; the latter formed the basis for an essay question years ago.
We will not discuss these in class. I just want you to have an idea what discovery devices look and sound like.
Essay # 4 will post at 12:30 on Wednesday; due in class on Wednesday, March 18.
Review Discovery Process, then prep Enforcing and Avoiding and the assigned questions as to all. We hopefully will get to Coca Cola on Thursday and Friday.
Thursday audio--Section B, Section A.
Prep the remainder of Discovery Process and all related questions. Understand the various devices, how they operate, and how they relate. Also: Why might an attorney object during a deposition, given FRCP 30(c)?
Consider a different way to control a client during a dep.
Again, sample discovery documents can be found here, here, and here. We will not discuss in class; this is purely to illustrate how discovery docs look and sound.
Wednesday audio--Section B; Section A. Essay # 4 will post on Wednesday, March 11, due Wednesday March 18. Prelim Exam will post on Wednesday, March 18, due Wednesday March 25. Double session next Friday, March 13. No class on Thursday, March 19 and Friday, March 20.
Also, note that we have dean candidates on campus tomorrow and Friday; each will hold an open forum for the FIU community at 12:45 in RDB 1000. It's a good chance to hear from the person who will lead the school for your last two years.
We will finish Amendments, beginning with the final two elements of relation back--the timing of 4(m) and "mistake." Krupski says relation back is mandatory--does that mean amendment is mandatory? Is there another reason to deny leave in Krupski? If pleading John Doe is not a mistake, what can the plaintiff in Herrera do if he does not know the defendant officer's name?
Then prep all of Managerial Judging; parse out what is happening in FRCP 16 conferences, as well as the orders in NFL and McCullers (the "have lunch" order).
Then move to Discovery:Discovery Process. For tomorrow, prep Questions 1-5; with those questions, prep the assigned portions of FRCP 1, 16, 26(a), 26(e), 26(f), 30(a)-(d), and 34. We will get to the rest of Discovery Process on Friday.
Some sample discovery documents can be found here, here, and here. We will not discuss in class; this is purely to illustrate how discovery docs look and sound.
Available outside my office.
Section A
Median: 33
Mean: 30.1
High:42
Section B:
Median:31
Mean:31.4
High: 41
Friday audio--Section B, Section A. Expect Essay # 4 to post on the Friday we return. Expect the Prelim Exam to post the following Friday.
For Wednesday, prep the remainder of Amendments. That will take us through the Wednesday and part of Thursday when we return. We then will move into Discovery beginning on Thursday.
Have a great break.
