Chapter 46: The First Response - Part 2
SCOTT RODEN - HARDMAN & ASSOCIATES
The response arrived by email at eight forty-five AM. Forty pages. I downloaded it, sent it to the printer, poured more coffee while the machine churned through Mike's counterattack.
The pages came out warm. I carried them back to my office, closed the door, started reading.
First page was standard—denial of allegations, objection to characterization, procedural throat-clearing. Second page dove into substantive objections. Request one was overbroad, unduly burdensome, not proportional to case needs. Request two was protected by attorney-client privilege despite my narrow tailoring.
Paragraph three of the second objection, I recognized Harvey's hand. The phrasing was too aggressive, too confident. Mike wrote carefully, defensively. This was Harvey's voice bleeding through.
[ **Argument Crusher: Activated** ]
Analyzing Pearson Hardman Response Brief Processing opponent arguments... Primary weaknesses identified: 4 Secondary vulnerabilities: 6 Harvey Specter involvement: Confirmed (writing style, strategic aggression)
I kept reading, letting the System catalog weaknesses while I focused on structure. They'd conceded nothing. Every single request was objected to, even the ones where objection was borderline obstruction. That was Harvey—never give an inch, make them fight for everything.
But aggressive defense revealed anxiety. If they were confident in Meridian's documentation, they'd have offered compromise on minor requests to look reasonable. Instead, they'd gone full scorched earth.
Page fifteen had the smoking gun. In objecting to my request for the HR investigation file, they'd argued it was protected work product. Which meant there was a file, and it contained attorney communications. Which meant Meridian's lawyers had been involved in the investigation from the start.
That was either proper legal guidance or improper attempt to shield evidence. I'd let a judge decide.
[ **Win Rate Calculator: Updated** ]
Success Probability: 54% (±16%) Key Variable: Harvey Specter direct involvement increases opponent quality Recommendation: Concede two weak requests strategically, double down on strong ones Motion to Compel probability: 67% partial success
Fifty-four percent. Lower than before, but still favorable. Harvey's involvement raised the difficulty, but it also meant this case mattered. Associates didn't get partner backup unless the firm felt threatened.
My door opened without knocking. Hardman walked in, reading his own copy of the response on his phone.
"They brought Harvey in directly." He looked up. "That's a compliment and a threat."
"I know."
"What's your counter?"
I turned my monitor so he could see my notes. "File motion to compel on their six weakest objections. Concede the two strongest ones to look reasonable. Request in-person discovery conference, force Harvey into a room with opposing counsel so I can schedule depositions directly."
Hardman studied my screen. "You're escalating deliberately."
"They escalated first. Harvey's personally involved, which means resources and attention. I'm using that."
"To what end?"
"To prove they're defending a client they know is guilty of retaliation. Every aggressive objection, every fight over basic discovery, every hour Harvey bills—it all tells a story of a company desperate to hide something."
Hardman smiled slowly. "You're not just fighting the case. You're fighting Harvey's reputation."
"I'm fighting the case. If it damages Harvey's reputation, that's a side benefit."
"Good answer." Hardman straightened. "File your motion to compel by end of day. Make it precise—I want Judge Chen to rule in our favor on at least half the requests. And Scott?" He paused at the door. "Don't underestimate Harvey. He's better at the long game than he appears."
After he left, I pulled out a legal pad, started outlining my motion to compel. Concede requests five and six—they were weak anyway, asking for stuff I didn't really need. Double down on requests one through four, especially the HR investigation file.
My phone rang. Gerald Kessler.
"Mr. Roden, I got the email about Pearson Hardman's response. Forty pages of objections? They're going to drag this out forever."
I leaned back in my chair. "Probably. But aggressive defense is actually a good sign."
"How is fighting discovery good?"
"Because confident defendants cooperate. They hand over documents, show they have nothing to hide, make us look paranoid for asking. Meridian's fighting every single request, which means they're worried about what we'll find."
Kessler was quiet for a moment. "So what happens now?"
"I file a motion to compel. Judge Chen will hold a hearing, review both sides' arguments, decide what discovery gets produced. Best case, we get most of what we asked for. Worst case, we get half. Either way, we're moving forward."
"How long?"
"Motion filed by tonight. Hearing in two to three weeks. Ruling a week after that. Then we start actual discovery—depositions, document review, building the case."
"And settlement?"
"Not yet. Pearson Hardman's posture is full defense mode. They won't seriously discuss settlement until after we complete discovery and they see how bad their evidence looks."
Kessler sighed, heavy and tired. "I'm running out of savings. My wife's working two jobs. This is costing us everything."
"I know. And I'm sorry. But if you want vindication, this is the price. They're counting on you being unable to afford justice."
"That's the system?"
"That's reality. The question is whether you're willing to pay it."
Long pause. Traffic noise on his end—he was probably on lunch break from whatever job he'd managed to find.
"File the motion," he said finally. "We've come this far."
"Good man. I'll call you after the hearing."
I hung up and pulled up the motion to compel template. Thirty pages, single-spaced, precisely dismantling Harvey's objections one by one. Request one—emails between supervisor and HR—was not overbroad because it was limited to specific custodians and narrow date range, per precedent in Wilson v. Tech Corp. Request two—HR investigation file—was not privileged because attorney communications during an internal investigation weren't protected when the investigation itself was relevant to the litigation.
I worked through lunch, through the afternoon. Built each argument systematically, anticipated Harvey's counter-arguments, deployed case law like artillery. By four PM, I had a draft. By six, after three rounds of editing, I had something worth filing.
My office phone rang. Internal line.
"Roden."
"Conference room. Bring your draft." Hardman.
I grabbed my laptop and headed down. Hardman was there with two junior partners—Williams and Chen, both recruited from firms that had passed them over for advancement. They reviewed my motion in silence, Williams occasionally nodding, Chen making notes.
"This is good work," Williams said finally. "Precise. Professional. You're not attacking their response—you're just methodically explaining why they're wrong."
"That's the idea."
Chen looked up. "The judge will split the difference. You'll get requests one, two, and four. Maybe three if she's feeling generous."
"Three out of six is a win."
"Agreed." Hardman closed his laptop. "File it. And start preparing for the discovery conference. Harvey will attend personally. That's your opportunity."
"For what?"
"To show him you're not intimidated. To schedule depositions while he's in the room and can't deflect. To prove you belong at his level." Hardman smiled. "To make him regret dismissing you."
They left. I sat alone in the conference room, looking at my motion on the screen. Thirty-five pages of legal argument that boiled down to one simple point: Pearson Hardman's client was scared, so Pearson Hardman was fighting, which meant I was probably right about retaliation.
My phone buzzed. Text from Donna: Heard Harvey's personally involved now. You okay?
I typed back: Better than okay. This is what I wanted—to be taken seriously.
Be careful what you wish for.
Too late for that.
Scott—
I know what I'm doing. Trust me.
Dots appeared, disappeared, appeared again. Then: I do. But that doesn't mean I'm not worried.
I pocketed the phone and headed back to my office. Filed the motion electronically, confirmed receipt, sent courtesy copies to Pearson Hardman's attorneys of record. Mike Ross would get it within the hour. Harvey would read it by tonight.
And then the real fight would begin.
My desk phone rang. Unknown number.
"Roden."
"This is Louis. Just calling to say your motion to compel is going to piss Harvey off."
"That's sort of the point."
"I know. Just...be ready. When Harvey gets angry, he gets creative. And not in good ways."
"Thanks for the warning."
"Scott? For what it's worth, I think you're doing the right thing. Kessler deserves a real defense. Most associates would have phoned this in."
"I'm not most associates."
"No. You're not." Louis paused. "That's why Harvey's scared of you."
"Harvey's not scared of anyone."
"Keep telling yourself that. See you at the discovery conference."
The line went dead. I sat back, thinking about what Louis had said. Harvey scared. It didn't track with the Harvey Specter I knew—arrogant, dismissive, untouchable.
But maybe that was the point. Maybe I'd never actually seen Harvey threatened before.
My email pinged. New message from court system: Discovery conference scheduled for April twenty-third, ten AM, Judge Chen's chambers. Both parties required to attend.
Eleven days.
I marked my calendar, started preparing. Eleven days to build arguments for why discovery should be granted, to anticipate Harvey's tactics, to get ready for the first time we'd be in the same room since he'd dismissed my work without looking at it.
The System hummed quietly in the background, organizing information, running probability models. But I didn't need calculations to know what this meant.
Harvey Specter was taking me seriously.
Finally.
My phone buzzed again. Text from Jennifer Park: Saw your motion to compel. You're really going for the throat.
Just doing my job.
Keep telling yourself that.
I didn't respond. Outside my window, Manhattan glittered in evening light. Somewhere across town, Harvey was reading my motion, probably getting angrier with every page. Mike was probably worried, Rachel was probably sympathetic, Donna was probably caught in the middle.
And I was exactly where I wanted to be.
Fighting. Being noticed. Proving myself.
The rest would take care of itself.
I shut down my laptop and headed home. Tomorrow I'd start preparing for the conference. Tonight, I'd sleep knowing that Gerald Kessler had a real lawyer fighting for him.
Everything else was just noise.
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