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

Case 1:05-cv-01209-LMB

Document 45

Filed 05/11/2007

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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

No. 05-1209 C Judge Lawrence M. Baskir

Third-Party Defendant, and READY BUILT DISTRIBUTORS, INC., Third-Party Defendant. ____________________________________________________________ MOTION TO COMPEL JASPER'S DISCOVERY RESPONSES AND FOR SANCTIONS ____________________________________________________________ Pursuant to Rules of the Court of Federal Claims ("RCFC") 33, 34, and 37, Plaintiff Jennings Transmission Services moves the Court to compel Defendant Jasper to fully respond to Plaintiff's discovery requests. Specifically, Plaintiff asks the Court to:

Case 1:05-cv-01209-LMB

Document 45

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1. 2.

Overrule Jasper's blanket objections; Overrule Jasper's objections to Interrogatory Nos. 1 and 12 and

Document Request Nos. 5 and 24 and order Jasper to fully respond to these requests; 3. 4. Order Jasper to produce a privilege log; and Impose sanctions on Jasper, 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 Jasper and has been unable to obtain Jasper's full and complete responses to the aforementioned discovery requests. Plaintiff submits herewith a supporting memorandum. Respectfully submitted, this the 11th day of May, 2007. COATS & BENNETT, P.L.L.C. Attorneys for Plaintiff By: /s/ Anthony J. Biller Larry L. Coats North Carolina State Bar No. 5,547 Anthony J. Biller North Carolina 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

Document 45

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CERTIFICATE OF SERVICE I certify that the foregoing MOTION TO COMPEL JASPER'S DISCOVERY RESPONSES AND FOR SANCTIONS is being served electronically this 11th day of May, 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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