Free Motion to Compel - District Court of Delaware - Delaware

Case 1:07-cv-00694-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN L. SCHNEIDER v. Plaintiff * * * * CASE NO. 07-694-SLR * * *

HOUSEHOLD FINANCE CORP. II and HSBC GROUP CORP.

Defendants MOTION TO COMPEL DISCOVERY Plaintiff, through his attorney, pursuant to Rule 37, moves this Court to compel the Defendants to respond to certain discovery as follows: 1. On February 6, 2008, the Scheduling Order of this Honorable Court was enterende and as part of that Order, the parties were to exchange the information required by Fed. R. Civ. P. 26 (a)(1) and D. Del. LR 16.2 by February 19, 2008. 2. Plaintiff provided the information to the Defendants by the date due, but the Defendants have failed to abide by the Court's Order, in spite of informal demands made by Plaintiff' attorney. s WHEREFORE, Movant requests that the Court order Defendants to file the information required on or before a date to be set by the Court, extended the discovery deadlines set in the Court's Order due to the delay in receiving this initial information and award Plaintiff' counsel s attorneys' fees for the burden of presenting this Motion. _4/10/2008____________________ Date __/s/ Sandra E. Messick___________ Sandra E. Messick, Esquire Bar ID 939 UAW Legal Services Plan 200 Continental Drive, Suite 212 Newark, DE 19713 (302) 366-0513 Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN L. SCHNEIDER v. Plaintiff * * * * CASE NO. 07-694-SLR * * *

HOUSEHOLD FINANCE CORP. II and HSBC GROUP CORP.

Defendants NOTICE OF MOTION TO COMPEL DISCOVERY TO: John A. Parkins, Esq. Richards, Layton and Finger P.O. Box 551 Wilmington, DE 19899-0551 Attorney for Defendants

PLEASE TAKE NOTICE that the within Motion to Compel will be presented to the Court on Convenient to be set by the Court.

_4/10/2008____________________ Date

__/s/ Sandra E. Messick___________ Sandra E. Messick, Esquire Bar ID 939 UAW Legal Services Plan 200 Continental Drive, Suite 212 Newark, DE 19713 (302) 366-0513 Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN L. SCHNEIDER v. Plaintiff * * * * CASE NO. 07-694-SLR * * *

HOUSEHOLD FINANCE CORP. II and HSBC GROUP CORP.

Defendants STATEMENT PURSUANT TO LR 7.1.1 1. On March 5, 2008, the undersigned sent a letter to the attorney for the Defendants, John Parkins, Esq., requesting the information that was to be exchanged by February 19, 2008 pursuant to the Court's Order. 2. Not having received a response to the letter or the information, the undersigned again contacted the attorney for the Defendants on March 25, 2008 by phone. The attorney for Defendants promised the information by March 31, 2008. The undersigned confirmed this by letter dated the same day. 3. As of the date of filing this Motion, the ordered information has not been received by the undersigned. _4/10/2008____________________ Date __/s/ Sandra E. Messick___________ Sandra E. Messick, Esquire Bar ID 939 UAW Legal Services Plan 200 Continental Drive, Suite 212 Newark, DE 19713 (302) 366-0513 Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN L. SCHNEIDER v. Plaintiff * * * * CASE NO. 07-694-SLR * * *

HOUSEHOLD FINANCE CORP. II and HSBC GROUP CORP.

Defendants ORDER

Having heard and considered the attached Motion to Compel Discovery, IT IS ORDERED that Defendants serve and file the information required by Fed. R. Civ. P. 26(a) (1) and D. Del. LR 16.2 on or before _____________________, 2008 and in addition, pay attorneys' fees in the amount of $_______________ for the necessity of presenting this Motion, the failure of Defendants to respond not having been substantially justified. IT IS FURTHER ORDERED that all discovery dated in the Pre-Trial Order are extended by 60 days. IT IS SO ORDERED this ____ day of _________________, 2008.

________________________________ JUDGE

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CERTIFICATE OF SERVICE I, Sandra E. Messick, Esquire, certify that on this 10th day of April , 2008, I caused to be placed in the U.S. Mail, by first class mail, postage prepaid, two copies of the within Notice and Motion to Compel Discovery addressed to:

John A. Parkins, Esq. Richards, Layton and Finger P.O. Box 551 Wilmington, DE 19899-0551 Attorney for Defendants _____/s/ Sandra E. Messick___________ Sandra E. Messick, Esquire