Q: What can I do when an attorney won't participate in a case management meeting & confer to develop a CM report for court?
Defendant filed a mtd 3 months ago in which he requested a stay on discovery and all pretrial events pending a ruling on the motion. Since a pending mtd does not create an automatic stay, nor does a pending request for one, I have attempted to schedule a CM meeting but opposing counsel refuses to participate citing his request for a stay as his reason. Three months have been wasted without moving forward while waiting for the judge to rule the mtd so I would like to at least get a case management report completed in the meantime but when I requested to schedule with OC he said he didn't know what I wanted to discuss. I had an attorney but he withdrew after a year of representing me and after that long since the offense took place, I could not find new counsel to take over my case so I am left to recover my wages on my own now. The case is in Florida federal court.... thank you for your time.
A:
If as you say you are in a federal district court you need to know that federal court judges can decide motions without conducting a hearing-like they have to do in state courts.
So IMO, the most probable reason why there has been no action taken on the opponent's motion to stay is because the federal courts in Florida--and everywhere else--are completely booged down by the ongoing pandemic.
This should be another message to you that you are at sever disadvantage trying to litigate pro se against a lawyer who no doubt does this for a living. Perhaps if you reach out to one of us experienced lawyers who have represented many plaintiffs in federal court and ask them to look at your Complaint and the Defendant's answer you might understand some of this procedural stuff--and how to get around defense roadblocks.
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