Need help interpreting lawyers request

For many months now we have been going back and forth with credit union. We sued, they countersued, we did the deposition, we sent set of Interrogatories, Request for Production and Disclosure. Today we recieved their interrogatories, production and disclosure responses. (Most of their responses were Objection: overly broad in time and scope) Our hearing on this is coming up soon. The first week of October.

Anyway, what I wanted help with was concerning a paragraph in their cover letter. This of course is from the attorney for C.U. It says "For purposes of a certificate of conference, please let us know within 14 days whether you are opposed to our filing of a Motion of Summary Judgment, Motion for Sanctions and Motion to Compel Post-Judgment Deposition." This is very confusing to me. First off, I'm not even sure what the "purposes of a certificate of conference" is meaning. Secondly, they're asking if we oppose their filing?? That sounds strange to me. Since when do lawyers ask if we oppose something or not?? and if we do oppose, what? and lastly, what's up with the Motion to Compel Post-Judgment Deposition? aren't they jumping the gun a little? already assuming they win a judgment against us?? Then they end by saying "you may contact me directly at the number above". I don't know, maybe it's just me, but I think the whole paragraph is strange and then for me to call them (instead of writing an answer......). Anyone good at interpretation here?? I'm at a loss on this one. Any suggestions would be appreciated.
Thanks!
Ras

[seeker]

Sounds like a blatant attempt to get you to either 'contract' or RE-contract -- They are asking you to ARGUE -- Thus dishonor -- and make their actions -- REactions to your dishonor. I think an agreement with a Conditional Acceptance or Negative Averment might be in order ... I conditionally accept your offer to have me oppose (or approve?) filing a Motion of Summary Judgment, Motion for Sanctions and Motion to Compel Post-Judgment Deposition, upon proof of claim that (what?) What do you want them to prove? What do they 'presume'? What do you want them to do?

This is a really challenging way to think, but if you can wrap your mind around it, it will get you headed in the right direction ... WHY are they asking for your approval? And what do they have to gain and more importantly, what do YOU have to lose??

JMHO

Seeker

[masterduke]

The Creeps have the laws so turned around that in the "proofs" part of the civil rules (I'm sure its the same in every state) that it THROWS the burden of making an affirmative objection on you the "defendant" thus relieving the
"plaintiff" of the "burden" of proving the the allegations in the complaint.
So mr.lawyer is up to something here, were it seems, as to the wording, no matter which way you answer, they "gotcha". Are they not so clever?
There must be a way to answer. there may be some help in a comprehensive
guide to your states civil rules. In michigan, they have books that are published by a company called ICLE. which summarizes and gives "tips" on all the different "civil rules".
Those books are usaully kept behind the law librarians desk and you have to ask for them.

[Livefire]

Just a guess here....they are trying to get you into default before the hearing so they can proceed in an ex parte manner. Its obvious the lawyer is trying to take control, if you dont answer those "objections" to you interrogatories in an honorable and timely manner, that "certificate of conference" is really a certificate of default! Here's a definition from the USDC western district of Texas website.....

KNOWLEDGE BASE » CIVIL CASES » DETAIL * * * * * * * * * * * * * * *
Question: What is a “certificate of conference”? Added: 4/7/2004
Category: Civil Cases Views: 417
Rating: (0.0) By: 0 users
Answer: Local Court Rule CV-7(h) requires that a non-dispositive motion must include a statement or "certificate" that counsel for the moving party contacted counsel for the opposing party (typically by telephone) to confer in good-faith to resolve the matter by agreement before seeking the Court's ruling. (A non-dispositive motion is a motion other than a motion for judgment on the pleadings, a motion to dismiss, for summary judgment, for new trial, or for judgment as a matter of law.) Such a "certificate of conference," that should appear in the body of the motion, might typically state for instance: "On the ____ day of __________ 20___, the undersigned counsel conferred with opposing counsel concerning the relief sought in this Motion, and was advised that opposing counsel opposed (or did not oppose) this Motion." If the motion is opposed, the certificate should state the grounds for opposing counsel's objection. If the motion is unopposed, the motion should state so in the title of the motion.

http://www.txwd.uscourts.gov/new_faq...q=243&iType=22

Check the local rules for the jurisdiction you are dealing with!!!

Thanks all,
Seeker, yes that's a great way to look at it and think! Also, Masterduke, I am the Plaintiff (not defendant), they countersued, but I still agree they are up to something. I am hoping to get down to court house Thurs. to do some reading. (I will also check on the ICLE books) Livefire, I think I was probably looking at that site the same time you were. I don't know why I didn't think to look there but I looked up "certificate of conference" and got that site. When I first read it, (the meaning of certificate of conference) it almost seemed to me it meant that the C.U. was trying to resolve (settle?) this matter before going to Court in "good-faith". [...to confer in good-faith to resolve the matter by agreement before seeking the Court's ruling.] But then when I read that paragraph from C.U. it seems like in the same breath they're talking about filing those 3 Motions and wanting our permission or something. ha Very confusing! Thanks for your time. If I find anything, I'll pass it on.

ras