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

Case 1:05-cv-01209-LMB

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Filed 06/13/2007

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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. ____________________________________________________________ SECOND 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

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and fees associated with this motion. Specifically, Plaintiff asks the Court to: 1. Overrule Ready Built's blanket objections to Plaintiff's first set of

discovery requests; 2. Order Ready Built to produce full responses to Plaintiff's

Document Request Nos. 1-3, 5-6, 10-13, and 19 and Interrogatory No. 1; 3. Order Ready Built to provide verifications for its discovery

responses served on January 4, 2007 and corrected responses served on or about January 31, 2007; and 4. 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.

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Respectfully submitted, this the 13th day of June, 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

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Case 1:05-cv-01209-LMB

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CERTIFICATE OF SERVICE I certify that the foregoing SECOND MOTION TO COMPEL READY BUILT'S DISCOVERY RESPONSES AND FOR SANCTIONS is being served electronically this 13th day of June, 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

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