Free Motion to Compel - District Court of Federal Claims - federal

Case 1:05-cv-01209-LMB

Document 72

Filed 08/02/2007

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

JENNINGS TRANSMISSION SERVICE OF GOLDSBORO, INC. Plaintiff, v. THE UNITED STATES, Defendant, and JASPER ENGINES & TRANSMISSIONS Third-Party Defendant, and READY BUILT DISTRIBUTORS, INC., Third-Party Defendant. ____________________________________________________________ THIRD MOTION TO COMPEL READY BUILT'S DISCOVERY RESPONSES AND FOR SANCTIONS ____________________________________________________________ Pursuant to Rules of the Court of Federal Claims ("R.C.F.C.") 26 and 37, Plaintiff Jennings Transmission Service moves the Court to compel Defendant Ready Built Distributors, Inc. ("Ready Built") to fully respond to Plaintiff's discovery requests and sanction Ready Built with Plaintiff's costs No. 05-1209 C Judge Lawrence M. Baskir

Case 1:05-cv-01209-LMB

Document 72

Filed 08/02/2007

Page 2 of 4

and fees associated with this motion. Specifically, Plaintiff asks the Court to: 1. Order Ready Built to produce complete responses to Plaintiff's

Interrogatory Nos. 17-19 and Document Request Nos. 29-34 without objection; and 2. Impose sanctions on the Ready Built, to include the costs and

fees associated with the filing of this motion. In accordance with R.C.F.C. 37(a)(2)(B), Plaintiff attempted in good faith to resolve these discovery issues with Ready Built and has been unable to obtain full and complete responses to the aforementioned discovery requests. Plaintiff submits herewith a supporting memorandum with the subject requests attached thereto.

2

Case 1:05-cv-01209-LMB

Document 72

Filed 08/02/2007

Page 3 of 4

Respectfully submitted, this the 2nd day of August, 2007. COATS & BENNETT, P.L.L.C. Attorneys for Plaintiff By: /s/ Anthony J. Biller Larry L. Coats N.C. State Bar No. 5,547 Anthony J. Biller N.C. State Bar No. 24,117 1400 Crescent Green, Suite 300 Cary, NC 27511 Telephone No.: (919) 854-1844 Facsimile No.: (919) 854-2084

3

Case 1:05-cv-01209-LMB

Document 72

Filed 08/02/2007

Page 4 of 4

CERTIFICATE OF SERVICE I certify that the foregoing THIRD MOTION TO COMPEL READY BUILT'S DISCOVERY RESPONSES AND FOR SANCTIONS is being served electronically this 2nd day of August, 2007 using the CM/ECF system which will send notification of such filing to the following email addresses:

Ken B. Barrett, Esq. Commercial Litigation Branch Civil Division U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 [email protected] Attorney for Defendant United States James M. Hinshaw, Esq. Bingham McHale LLP 2700 Market Tower 10 West Market Street Indianapolis, Indiana 46204-4900 [email protected] Attorney for Defendant Jasper James S. Ward Ward & Wilson, LLC 2100 Southbridge Parkway, Suite 580 Birmingham, Alabama 35209 [email protected] Attorney for Defendant Ready Built By: /s/ Anthony J. Biller Anthony J. Biller Attorney for Plaintiff

4