784 So. 2d 282 | Ala. | 2000
Friedman's Inc. ("Friedman") petitions for a writ of mandamus directing the trial court to vacate its order compelling Friedman to comply with certain discovery requests. We stayed enforcement of that discovery order pending our review of this petition. Because we conclude that the trial court erred by failing to conduct the statutorily required discovery-scheduling conference, we grant the petition.
Friedman removed the case to the United States District Court for the Southern District of Alabama. In its answer, filed in the federal court, Friedman complained about numerous deficiencies in Hudson's complaint, including that the complaint was barred by the two-year statute of limitations applicable to tort claims. See Ala. Code 1975, § 6-2-38(l). Friedman also moved for a judgment on the pleadings, pursuant to Fed.R.Civ.P.
Before the trial court held a conference to establish a schedule for discovery, as required by Ala. Code 1975, §
Without conducting a hearing, the trial court denied Friedman's motion for a judgment on the pleadings and granted Hudson's motion to compel. The court ordered Friedman to comply with Hudson's discovery requests within 14 days. Friedman filed this mandamus petition before the expiration of the 14 days. Because we conclude that the trial court erred by failing to hold a discovery-scheduling conference, as required by Ala. Code 1975, §
Effective May 25, 1999, all civil class actions brought in the state courts of Alabama are governed by Act No. 99-250, Ala. Acts 1999, codified at Ala. Code 1975, §
PETITION GRANTED; WRIT ISSUED.
HOOPER, C.J., and HOUSTON, BROWN, and ENGLAND, JJ., concur.