Opposing counsel has not substituted in. He makes an agreement with me regarding discovery. But his clients tell me they are not
His clients, defendants informed me that they are not supplying the discovery. This attorney claims his agreement with me to supply the discovery will be honored, but this agreement is a simple yes in an email to my request that he will supply discovery within 30 days. What risks do I have that I am running out of time to file motion to compel, judge told me to come in ex parte if there are any problems.
Apparently the attorney has not even substituted in yet. As a result, any deals made with that attorney are moot. If the defendants have told you they are not supplying the discovery, it may be wise to move forward with a motion to compel once the deadline has run.