Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-00617-SLR

Document 65

Filed 03/07/2005

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE ROBERT E. BROWN and, SHIRLEY H. BROWN, h/w, Plaintiffs, v. INTERBAY FUNDING, LLC, and LEGRECA & QUINN REAL ESTATE SERVICES INC., Defendants. ) ) ) ) ) ) ) ) ) )

C. A. 04-617 SLR

JURY DEMANDED

ANSWER OF LEGRECA & QUINN TO PLAINTIFFS' MOTION TO COMPEL

NOW COMES Defendant Lagreca & Quinn Real Estate Services, Inc. (hereinafter "Lagreca & Quinn") by and through its attorney, in opposition to Plaintiffs' Motion to Compel. In support of its opposition, the Defendant avers the following: 1. Defendant Lagreca & Quinn was served with Plaintiffs First Set of Interrogatories

in December, 2004. 2. Defendant Lagreca & Quinn responded to Plaintiffs' Interrogatories with

objections and answers pursuant to F.R.C.P. 33. 3. Plaintiffs were served with Defendant Lagreca & Quinn's above-described

responses on January 11, 2005. A true and accurate copy of the Answers, including Plaintiffs' Interrogatories, is attached hereto as Exhibit A and made a part hereof. 4. Defendant Lagreca & Quinn was served with Plaintiffs' Supplemental

Interrogatories in January, 2005. 5. Defendant Lagreca & Quinn responded to Plaintiffs' Supplemental Interrogatories

with objections and answers pursuant to F.R.C.P. 33.

Case 1:04-cv-00617-SLR

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Filed 03/07/2005

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6.

Plaintiffs were served with the above-described responses on February 24, 2005.

A true and accurate copy of these responses, including Plaintiffs' Interrogatories, is attached hereto as Exhibit B and made a part hereof. 7. A duly authorized representative of Defendant Lagreca & Quinn has verified the

answers to Plaintiffs Interrogatories and Supplemental Interrogatories. A true and accurate copy of the Affidavit is attached hereto as Exhibit C and made a part hereof. The executed Affidavit was mailed to Plaintiffs on March 3, 2005. 8. Furthermore, upon receipt of Plaintiffs' first set of Interrogatories, counsel for

Defendant Lagreca & Quinn contacted Plaintiff Robert Brown by telephone and suggested that in order for Plaintiffs to obtain the information which they appeared to be seeking, oral deposition would be a better forum for discovery than such inartfully worded written interrogatories as it would allow Plaintiffs to clarify their interrogatories. Plaintiffs refused to notice the deposition of Defendant Lagreca & Quinn. 9. Plaintiffs appear to fail to understand discovery is a means to seek admissible

evidence rather than a means by which to litigate the merits of their claim. The Plaintiffs now seek to have this Honorable Court order the defendants to revise their discovery responses to be more in line with the answers Plaintiffs wish to obtain. 10. As the attached discovery indicates, Defendant Lagreca & Quinn has in due diligence

made a good faith effort to understand and respond fully and truthfully to each of Plaintiffs' Interrogatories. WHEREFORE, the Defendant Lagreca & Quinn respectfully requests that this Honorable Court deny Plaintiffs' Motion to Compel.

Case 1:04-cv-00617-SLR

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REGER & RIZZO, LLP

s/s Carol J. Antoff Carol J. Antoff, Esquire Delaware State Bar I.D. No. 3601 1001 Jefferson Plaza, Suite 202 Wilmington, DE 19801 (302) 652-3611 Attorney for Defendant Legreca & Quinn

Case 1:04-cv-00617-SLR

Document 65

Filed 03/07/2005

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

ROBERT E. BROWN and, SHIRLEY H. BROWN, h/w, Plaintiffs, v. INTERBAY FUNDING, LLC, and LEGRECA & QUINN REAL ESTATE SERVICES INC., Defendants.

) ) ) ) ) ) ) ) ) )

C. A. 04-617 SLR

JURY DEMANDED

CERTIFICATE OF SERVICE I, the undersigned, do hereby certify on this 7th day of March 2005 that true and correct copies of the Defendant Lagreca & Quinn Real Estate Services, Inc. Answer to Plaintiffs Motion to Compel have been served electronically upon the following:

Robert E. Brown and Shirley H. Brown 1024 Walnut Street Wilmington, DE 19801 (also by U.S. Mail) David L. Finger, Esquire One Commerce Center 1201 Orange Street Suite 725 Wilmington, DE 19801-1155

Sandra L. Brickel, Esquire David M. Souders, Esquire Weiner Brodsky Sidman Kidder, P.C. 1300 19th Street, N.W. 5th Floor Washington, DC 20036

REGER & RIZZO, LLP

s/s/ Carol J. Antoff Carol J. Antoff, Esquire Delaware State Bar I.D. No. 3601 1001 Jefferson Plaza, Suite 202 Wilmington, DE 19801 (302) 652-3611 Attorney for Defendant Lagreca & Quinn