Free Motion to Compel - District Court of Delaware - Delaware

Case 1 :04-cv-00617-SLR Document 63 Filed O3/O4/2005 Page 1 055 $1
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT DELAWARE
ROBERT E.BROWN, and ) l
SHIRLEY H. BROWN, ) _. - 4
Plaintiffs,
V, ) C.A. N0. 04-6 17 SLR {
1NTERBAY FUND1NG, LLC, and )
LEGRECA & QUINN REAL ESTATE )
SERVICES, 1NC., ) g
Defendants. )
ADDENDUM
PLAIN TIFFS MOTION TO COMPEL DEFENDANTS {IN TER BAY FUNDING
AND LEGRECA AND QUIN N) TO RESPOND TO IN TERROGATORIES
PERSUANT TO FEDERAL RULES OF CIVH, PROCEDURE RULE 37,gC)
gSANCTIONS).
Comes now, Robert E. and Shirley H. Brown, and Certifies to this Honorable Court
that the Plaintiffs in the above caption have made known to the Defendants (Interbay
Funding LLC and Legreca and Quinn) through submission of Supplemental
Interrogatories pursuant to Federal Rules of Civil Procedure Rule 37, that their answers to
the original set of Interrogatories failed to meet the standards laid down in Federal Rules
of Civil Procedure Rule 33. The submission of the Supplemental Interrogatories were met
with the same results as the first, in that they (Interbay and Legreca and Quinn) have
failed to participate in this process. Defendants’ responses are vague, deviant,
incomprehensible, perplexing, difficult, complicated, and uncooperative.
[ l l 1 F i I"
Q . . · ‘ ·
' obert E. Brown, Pro Se.
I A _ . !
v j
A ' hirley H. rown, h/w T
1024 Walnut Street
Wilmington, DE. 19801
(302) 652-9959

Case 1:04-cv—OO617—SLR Document 63 Filed O3/O4/2005 Page 2 of 3
CERTIFICATION
THEREFORE, Plaintiffs Certify to this Honorable Court on this 3rd day of March
2005, that they have complied with the Federal Rules of Civil Procedure Rule 37 and that
notice was provided to the Defendants (Interbay and Legreca and Quinn) of their failure
to participate in the Discovery Process pursuant to Federal Rule Civil Procedure Rule 33,
written Interrogatories. Plaintiffs further Certify to this Honorable Court that
Supplemental Interrogatories pursuant to Federal Rule of Civil Procedure Rule 37 were
submitted thereafter to the Defendants. Again, the Defendants failed to participate or
cooperate in their answers to the Supplemental Interrogatories. Defendants’ responses to
the Supplemental interrogatories were vague, deviant, incomprehensible, perplexing,
difficult, complicated, and uncooperative.
(c) Failure to Disclose; False or Misleading Disclosure, Refusal to Admit.
(l) A party that without substantial justification fails to disclose information required by
Rule 26(a) or 26(e)(l) shall not, unless such failure is harmless, be permitted to use as
evidence at a trial, at a hearing, or on a motion any witness or information not so
disclosed. In addition to or in lieu of this sanction, the court, on motion and after
affording an opportunity to be heard, may impose other appropriate sanctions. In addition
to requiring payment of reasonable expenses, including attomey's fees, caused by the
failure, these sanctions may include any of the actions authorized under subparagraphs
(A), (B), and (C) of subdivision (b)(2) of this mle and may include informing the jury of
the failure to make the disclosure.
; _ .' _ .
Robert E. Brown, Pr Se.
:>-· hirley /3 rown, w
1024 Walnut Street
Wilmington, DE. 19801
(302) 652-9959
2

Case 1:04-cv-00617-SLR Document 63 Filed O3/O4/2005 Page 3 of 3
IN THE UNITED STATES DISTRICT COUT FOR THE
DISTRICT OF DELAWARE
Robert E. Brown and :
Shirley H. Brown h/w I
Plaintiffs, :
v. I Civil Action N0. 04- 617- SLR
Interbay Funding LLC, and :
Legreca & Quimi Real Estate :
Services Inc. Z
Defendants :
ADDENDUM
PLAINTIFFS MOTION TO COMPEL DEFENDANTS (INTER BAY FUNDING
AND LEGRECA AND QUINN) TO RESPOND TO INTERROGATORIES
PERSUANT TO FEDERAL RULES OF CIVIL PROCEDURE RULE 37,gC [
(SANCTIONS).
This is to certify that on this 3rd day March , 2005, copies of Addendum to
Plaintiffs Motion to Compel Defendants Interbay Funding LLC and Legreca and Quinn,
(copy of Certification) to respond to Interrogatories were served, on:
David Souders Carol J. Antoff, Esquire
Sandra Brickel Delaware State Bar I.D. No. 3601
1300 19'h Street N.W 1001 Jefferson Plaza, Suite 202
5'h Floor Wilmington, DE 19801
Washington, D.C. 20036-1609 (302) 652-3611
(202) 628-2000 Attomey for Legreca & Quinn
Attorney’s for Interbay
David Finger, Esq. __
Commerce Center it ., . _
1200 Orange Street \— ' j N
Wilmington, DE 18701 4], C)
Attorney for Interbay. _' q i; _:;_ ro ,_pE_ e.
4 ‘‘ie
4 hirley . rown, w
1024 Walnut Street ‘
Wilmington, DE. 19801
(302) 652- 9959
3

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