You are within fifty days of trial and you are in receipt of defendant’s expert witness disclosure. She has three experts and you have three experts. All six of them need to be deposed in less than 35 days and you haven’t yet sent out a deposition notice. You pick up the phone and meet and confer with opposing counsel to select dates. During the conversation the attorney for the defendant states very adamantly

My expert will not be ready to testify until your expert testifies. Besides you are the plaintiff and you have to go first!

Heard this before? I have and there are some significant problems with defense counsel’s position.