Q: Summary judgement in hospice fraud case.
Given that hospice fraud is obvious, and that defendants meritless object discovery, what would be right time to file motion for summary judgement?
A:
In a case involving hospice fraud in California where the defendants are raising meritless objections to discovery, the timing of filing a motion for summary judgment depends on several factors. Here are some considerations:
1. Completion of discovery: Generally, it is advisable to file a motion for summary judgment after the completion of discovery. This ensures that all relevant evidence has been gathered and can be presented to support the motion. If the defendants are objecting to discovery without merit, you may need to file motions to compel discovery and obtain court orders to get the necessary information.
2. Dispositive motion deadlines: Check the court's scheduling order or local rules for any deadlines related to filing dispositive motions, such as summary judgment motions. Ensure that you file your motion within the specified timeframe.
3. Strength of the evidence: Evaluate the strength of the evidence you have gathered so far. If you believe that the evidence clearly establishes hospice fraud and there are no genuine disputes of material fact, you may consider filing the motion for summary judgment earlier in the process.
4. Opposing party's tactics: If the defendants are engaging in delay tactics or not cooperating with discovery, you may want to file the motion for summary judgment sooner to prevent further delays and to bring the matter before the court.
5. Court's preference: Some judges prefer to resolve cases on summary judgment when possible, while others prefer to hold trials. Consider the court's local rules, standing orders, and the judge's individual preferences when deciding on the timing of your motion.
In general, if you have strong evidence of hospice fraud and the defendants are not raising any meritorious objections to discovery, you may consider filing the motion for summary judgment as soon as you have completed the necessary discovery and have sufficient evidence to support your motion. However, it is always recommended to consult with an experienced attorney who can evaluate the specific circumstances of your case and advise you on the most appropriate strategy and timing for filing the motion for summary judgment.
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