Last Friday I posted a story about how Rudy Giuliani attempted to prevent having to comply discovery in a defamation case by conceding all the elements of the cause of action against him and, at the same time, trying to raise defenses in the case. And, after explaining the situation I concluded "Unfortunately for Giuliani, that’s not how anything works." My original story is here.
I fully expected Giuliani's tactic to be rejected and that is just what happened. Reportedly, the judge overseeing the case has given Giuliani the following options. He can:
1. submit a new stipulation conceding liability to the claims “all factual allegations ... as to his liability for plaintiffs’ defamation, intentional infliction of emotional distress, and civil conspiracy claims, and his liability as to plaintiffs’ claim for punitive damages” and that a default judgment as to his liability is appropriate, or
2. explain why he is declining to submit such a stipulation by clarifying “what precisely his original stipulation conceded regarding the plaintiffs’ factual allegations and legal claims.”
Should Giuliani fail to choose one or two, the judge will convene a hearing (on August 15) to determine how, if at all, he has complied with her prior order to search and produce all materials responsive to the plaintiffs' discovery requests.
Stay tuned!
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