Martyn Pickering vs John Stump et al

Case Number

24CV00097

Case Type

Hearing Date / Time

Mon, 01/06/2025 - 10:00

Nature of Proceedings

1) Motion to Deem Req for Admissions - Set One etc; and, 2) Motion: Compel Responses to Form Interrogs Set One

Tentative Ruling

Plaintiff served Form Interrogatories (Set 1) and Requests for Admissions (Set 1) on defendant on June 18, 2024. Although plaintiff’s counsel reminded defense counsel several times that the responses were overdue and there had been no request for extension of time, responses have never been provided. Plaintiff has therefore served the current motion to compel verified responses to the form interrogatories, and a motion to have the matters set forth in the Requests for Admissions deemed admitted. Each motion seeks the imposition of $664.37 in sanctions, jointly and severally against defendant and defense counsel, consisting of 1.5 hours of attorney time, plus the court and electronic filing fees. 

 

No opposition to the motions was timely filed.

 

The Court will grant the motion to compel defendant to provide verified responses to the form interrogatories, without objection, no later than January 21, 2025. 

 

If verified responses to the requests for admissions are not provided to plaintiff’s counsel prior to the time of this hearing, the motion for deemed admissions will be granted.

 

If verified responses to the requests for admissions are provided to plaintiff’s counsel prior to the time of this hearing, the motion for deemed admissions will be granted.

 

Plaintiff’s requests for sanctions are reasonable, and the Court will award plaintiff sanctions in the total amount of $1,328.74, payable jointly and severally by defendant and defendant’s attorney.