Mark Sellars et al v Patrick Leahy et al

Case Number

20CV04132

Case Type

Hearing Date / Time

Wed, 12/27/2023 - 10:00

Nature of Proceedings

Two Motions to Compel any responses (to form interrogatories, seeking sanctions of $2,107.50, and to a demand for production of documents, seeking sanctions of $1,207.50) set for hearing.

Tentative Ruling

Plaintiff: David Tappeiner

Defendant Channe Coles & Law Office of Channe Coles: Chris Kroes

Defendant Patrick Leahy: Pro Per

Defendant Susan Reynolds & Patricia Wollum: Gabriella Sternfeld

Cross Complainant Help Unlimited: Brandt Caudill

 

Issue

Two Motions to Compel any responses (to form interrogatories, seeking sanctions of $2,107.50, and to a demand for production of documents, seeking sanctions of $1,207.50) set for hearing.

Ruling

There is no evidence in the Court’s computer of any opposition to the motions, nor is there any evidence that the motions are not going forward on 12/27.

Defendants Channe Coles and The Law Office of Channe G. Coles served Form Interrogatories (Set 1) and a Demand for Production of Documents (Set 1) upon Plaintiffs on September 7, 2023. Plaintiffs have never responded to the discovery, despite reminders to Plaintiffs’ counsel and his responsive assurances that he would provide them. Defendants have therefore filed motions to compel responses, without objections, and for sanctions.

The Court has no information whether verified responses to discovery have been provided by Plaintiffs following the filing of the motions. Consequently, the Court will grant the motions, and will order Plaintiffs to provide verified responses to the Form Interrogatories (Set 1) and Demand for Production of Documents (Set 2), without objection, on or prior to January 10, 2024. Sanctions of $2,500 are awarded to Defendants, payable by Plaintiffs, their attorney, or both on or before 1/10/24.