Responding to Interrogatories This Guide Includes Instructions and Sample Forms
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May 2 8 2019
Case 3:17-cv-01127-WQH-KSC Document 142 Filed 05/28/19 PageID.<pageID> Page 1 of 50 1 FILED 2 MAY 2 8 2019 3 CLERK, U.S. DISTRICT COURT SOUTi'lcRN DISi'RICT OF ~)~1.IFORNIA 4 B'f _0:!:. OEP~!JY. 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 KENNETH J. MOSER, individually, and Case No.: 17cvl 127-WQH(KSC) --~ _ on behalf of all others similarl:x situated,,_.1_________________ 1 __ 12 ORDER RE JOINT MOTION FOR Plaintiff, 13 DETERMINATION OF DISCOVERY v. DISPUTE RE INTERROGATORIES 14 AND DOCUMENT REQUESTS HEALTH INSURANCE 15 SERVED ON PLAINTIFF BY INNOVATIONS, INC., a Delaware DEFENDANT DONIS! JAX, INC. 16 corporation, et al., 17 Defendants. [Doc. Nos. 97 and 98.] 18 19 20 Before the Court are: (1) a 76-page Joint Motion for Determination of Discovery 21 Dispute [Doc. No. 97] addressing interrogatories served on plaintiff by defendant Donisi 22 Jax, Inc.; and (2) a 151-page Joint Motion for Determination of Discovery Dispute 23 addressing document requests served on plaintiff by defendant Donisi Jax, Inc. [Doc. No. 24 98.] In these two Joint Motions, defendant Donisi Jax, Inc. seeks an order compelling 25 plaintiff to provide further, substantive responses to certain interrogatories and document 26 requests. The subject interrogatories and documents requests at issue are interrelated as 27 they seek documents and information on the same topics. These two Motions are the fifth 28 and sixth discovery disputes in this case [Doc. Nos. 75, 83, 84, 87, 99, 100, 101, 102, 118], I . -
DISC-001 Form Interrogatories
DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SHORT TITLE OF CASE: FORM INTERROGATORIES—GENERAL CASE NUMBER: Asking Party: Answering Party: Set No.: Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward as (a) Interrogatories are written questions prepared by a party to an the information reasonably available to you, including the action that are sent to any other party in the action to be information possessed by your attorneys or agents, permits. answered under oath. The interrogatories below are form If an interrogatory cannot be answered completely, answer it interrogatories approved for use in civil cases. to the extent possible. (b) For time limitations, requirements for service on other parties, (d) If you do not have enough personal knowledge to fully and other details, see Code of Civil Procedure sections answer an interrogatory, say so, but make a reasonable and 2030.010–2030.410 and the cases construing those sections. good faith effort to get the information by asking other (c) These form interrogatories do not change existing law persons or organizations, unless the information is equally relating to interrogatories nor do they affect an answering available to the asking party. party’s right to assert any privilege or make any objection. (e) Whenever an interrogatory may be answered by referring to Sec. 2. Instructions to the Asking Party a document, the document may be attached as an exhibit to (a) These interrogatories are designed for optional use by parties the response and referred to in the response. -
Case 2:12-Cv-00668-KRG Document 131 Filed 03/18/15 Page 1 of 27
Case 2:12-cv-00668-KRG Document 131 Filed 03/18/15 Page 1 of 27 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA HOWARD KEPHART and DIANE ) KEPHART, ) Civil Action No. 2:12-668 ) Plaintiffs, ) Judge Kim R. Gibson ) v. ) ) ABB, INC., ) ) Defendant; Third-Party ) Plaintiff, ) ) v. ) ) THE BABCOCK & WILCOX ) COMPANY, et al., ) ) Third-Party Defendants ) MEMORANDUM AND ORDER OF COURT I. Synopsis Before the Court in this matter are three motions: (1) a motion to dismiss (ECF No. 94) filed by Third-Party Defendants Babcock & Wilcox Company, Babcock & Wilcox Investment Company, and Babcock & Wilcox Power Generation Group (“B & W” or “B & W Defendants”); (2) a motion for partial summary judgment (ECF No. 108) filed by Defendant/ Third-Party Plaintiff ABB, Inc. (“ABB”); and (3) a motion for consolidation of oral argument (ECF No. 111) filed by Defendant/ Third-Party Plaintiff ABB, Inc. The primary issue argued by the parties is whether Pennsylvania’s statute of repose, 42 Pa. Cons. Stat. § 5536, provides protection from liability in this action to Third-Party Defendants B & W and to Defendant ABB. Based on the record before the Court and after Case 2:12-cv-00668-KRG Document 131 Filed 03/18/15 Page 2 of 27 a careful review of Pennsylvania’s statute of repose and the relevant case law, the Court finds that the statute of repose bars ABB’s contribution claims against the B & W Defendants, but does not bar Plaintiffs’ products liability and negligence claims against ABB. Accordingly, and for the reasons explained below, the Court will GRANT B & W’s motion to dismiss and will DENY ABB’s motion for partial summary judgment. -
Eddie C. Pratcher, Jr. V. Methodist Healthcare Memphis Hospitals, 407
IN THE SUPREME COURT OF TENNESSEE AT JACKSON November 8, 2012 Session Heard at Memphis EDDIE C. PRATCHER, JR. v. METHODIST HEALTHCARE MEMPHIS HOSPITALS ET AL. Appeal by Permission from the Circuit Court for Shelby County No. CT-0070011-00 Donna M. Fields, Judge No. W2011-01576-SC-S09-CV - Filed June 28, 2013 The primary issue in this interlocutory appeal is whether the Tennessee health care liability statute of repose, Tenn. Code Ann. § 29-26-116(a)(3) (2012) (“the statute of repose”), is an affirmative defense under Tenn. R. Civ. P. 8.03, that is waived if not raised in a timely manner. Sandra Y. Jones Pratcher died following complications that arose on December 4, 1999, when she received anesthesia before undergoing a cesarean section. On December 1, 2000, her husband, Eddie C. Pratcher, Jr., (“Plaintiff”) filed suit against various health care providers, including Consultants in Anesthesia, Inc. (“Defendant”) and one of its nurse anesthetists. Plaintiff alleged that Defendant, which contracted with the hospital to provide anesthesia services to its obstetric patients, was vicariously liable for the negligent acts of its nurse anesthetist. Plaintiff amended his complaint on March 3, 2006, to assert that Defendant was also vicariously liable for the negligent actions of its corporate owner and president, Dr. Chauhan, who was on call on December 4, 1999, but failed to come to the hospital to administer anesthesia to Plaintiff’s wife. Plaintiff amended his complaint two more times and each time asserted that Defendant was vicariously liable for the negligent acts of Dr. Chauhan. Defendant did not raise the statute of repose as a defense to the vicarious liability claim based on Dr. -
Initial Stages of Federal Litigation: Overview
Initial Stages of Federal Litigation: Overview MARCELLUS MCRAE AND ROXANNA IRAN, GIBSON DUNN & CRUTCHER LLP WITH HOLLY B. BIONDO AND ELIZABETH RICHARDSON-ROYER, WITH PRACTICAL LAW LITIGATION A Practice Note explaining the initial steps of a For more information on commencing a lawsuit in federal court, including initial considerations and drafting the case initiating civil lawsuit in US district courts and the major documents, see Practice Notes, Commencing a Federal Lawsuit: procedural and practical considerations counsel Initial Considerations (http://us.practicallaw.com/3-504-0061) and Commencing a Federal Lawsuit: Drafting the Complaint (http:// face during a lawsuit's early stages. Specifically, us.practicallaw.com/5-506-8600); see also Standard Document, this Note explains how to begin a lawsuit, Complaint (Federal) (http://us.practicallaw.com/9-507-9951). respond to a complaint, prepare to defend a The plaintiff must include with the complaint: lawsuit and comply with discovery obligations The $400 filing fee. early in the litigation. Two copies of a corporate disclosure statement, if required (FRCP 7.1). A civil cover sheet, if required by the court's local rules. This Note explains the initial steps of a civil lawsuit in US district For more information on filing procedures in federal court, see courts (the trial courts of the federal court system) and the major Practice Note, Commencing a Federal Lawsuit: Filing and Serving the procedural and practical considerations counsel face during a Complaint (http://us.practicallaw.com/9-506-3484). lawsuit's early stages. It covers the steps from filing a complaint through the initial disclosures litigants must make in connection with SERVICE OF PROCESS discovery. -
Introduction to Law and Legal Reasoning Law Is
CHAPTER 1: INTRODUCTION TO LAW AND LEGAL REASONING LAW IS "MAN MADE" IT CHANGES OVER TIME TO ACCOMMODATE SOCIETY'S NEEDS LAW IS MADE BY LEGISLATURE LAW IS INTERPRETED BY COURTS TO DETERMINE 1)WHETHER IT IS "CONSTITUTIONAL" 2)WHO IS RIGHT OR WRONG THERE IS A PROCESS WHICH MUST BE FOLLOWED (CALLED "PROCEDURAL LAW") I. Thomas Jefferson: "The study of the law qualifies a man to be useful to himself, to his neighbors, and to the public." II. Ask Several Students to give their definition of "Law." A. Even after years and thousands of dollars, "LAW" still is not easy to define B. What does law Consist of ? Law consists of enforceable rule governing relationships among individuals and between individuals and their society. 1. Students Need to Understand. a. The law is a set of general ideas b. When these general ideas are applied, a judge cannot fit a case to suit a rule; he must fit (or find) a rule to suit the unique case at hand. c. The judge must also supply legitimate reasons for his decisions. C. So, How was the Law Created. The law considered in this text are "man made" law. This law can (and will) change over time in response to the changes and needs of society. D. Example. Grandma, who is 87 years old, walks into a pawn shop. She wants to sell her ring that has been in the family for 200 years. Grandma asks the dealer, "how much will you give me for this ring." The dealer, in good faith, tells Grandma he doesn't know what kind of metal is in the ring, but he will give her $150. -
Illinois Civil Practice Guide
Practice Series Illinois Civil Practice Guide Andrew W. Vail Colleen G. DeRosa © 2012 JENNER & BLOCK LLP ALL RIGHTS RESERVED www.jenner.com ABOUT JENNER & BLOCK Founded in 1914, Jenner & Block is a national law firm of approximately 450 attorneys. Our Firm has been widely recognized for producing outstanding results in corporate transactions and securing significant litigation victories from the trial level through the United States Supreme Court. Companies and individuals around the world trust Jenner & Block with their most sensitive and consequential matters. Our clients range from the top ranks of the Fortune 500, large privately held corporations and financial services institutions to emerging companies, family-run businesses and individuals. OFFICES 353 North Clark Street 633 West Fifth Street, Suite 3500 Chicago, Illinois 60654-3456 Los Angeles, California 90071 Firm: 312 222-9350 Firm: 213 239-5100 Fax: 312 527-0484 Fax: 213 239-5199 919 Third Avenue, 37th Floor 1099 New York Avenue, N.W., Suite 900 New York, New York 10022-3908 Washington, D.C. 20001-900 Firm: 212 891-1600 Firm: 202 639-6000 Fax: 212 891-1699 Fax: 202 639-6066 © 2012 Jenner & Block LLP. This publication is not intended to provide legal advice but to provide general information on legal matters. Transmission is not intended to create and receipt does not establish an attorney- client relationship. Readers should seek specific legal advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Andrew W. Vail. ATTORNEY ADVERTISING 1 AUTHOR INFORMATION Andrew W. Vail is a partner in Jenner & Block’s Litigation Department and a member of the Firm’s Complex Commercial and Antitrust Litigation Practice Groups. -
Class Actions (Successful Partnering Between Inside and Outside Counsel)
Chapter 60A Class Actions by David G. Leitch, Gary L. Sasso, and D. Matthew Allen1 § 60A:1 Scope note § 60A:2 Objectives, concerns, preliminary considerations § 60A:3 —Objectives § 60A:4 —Concerns § 60A:5 —Preliminary considerations § 60A:6 — —Media relations § 60A:7 — —Insurance coverage § 60A:8 — —Financial reporting § 60A:9 — —Customer relations § 60A:10 — —Government relations § 60A:11 — —Business or technical expertise § 60A:12 — —Authority § 60A:13 — —Document preservation § 60A:14 — —Selection of outside counsel § 60A:15 — —Discovery and investigation issues § 60A:16 — —Venue and jurisdiction § 60A:17 — —Related proceedings § 60A:18 — —Early assessment § 60A:19 Eective partnering § 60A:20 —Planning is crucial § 60A:21 —Discussions should be conrmed in writing § 60A:22 —Introductions § 60A:23 Strategies in class action engagement 1The authors gratefully acknowledge the participation of the follow- ing attorneys in the preparation of this chapter. From Ford: John F. Mellen, Associate General Counsel — Litigation and Regulatory, Donald J. Lough, Assistant General Counsel — Product Litigation, and Michael J. O'Reilly, Counsel — Products Liability. From Carlton Fields: Chris S. Coutroulis, chair of the Business Litigation and Trade Regulation Practice Group, and Wendy Lumish, chair of the Appellate Practice Group. K 2010 Thomson Reuters/West, 2/2010 60A-1 Successful Partnering § 60A:24 —Elements of claims and defenses; classwide proof § 60A:25 — —Understand the nature of the claims § 60A:26 — —Focus on elements that defeat predominance -
ESSAY QUESTION NO. 9 Answer This Question in Booklet No. 9 Philip
ESSAY QUESTION NO. 9 Answer this question in booklet No. 9 Philip visits Daniel’s Woodworking (a sole proprietorship) in a Fairbanks strip mall. While leaving the shop, Philip slips and falls on the icy curb as he approaches his car that is parked in front of the shop. Two years later, Philip sues Daniel in Fairbanks Superior Court for damages for personal injury. Daniel answers the complaint, discovery begins, and the Court sets a jury trial in one year. A few weeks before trial, after discovery has closed, Daniel moves to amend the pleadings and assert a complaint against his landlord, Blue-Roof Malls, Inc., for apportionment of fault. Daniel attaches to his motion a proposed third-party complaint which alleges Blue-Roof negligently maintained the sidewalk, curb and parking lot where Philip fell, and that Blue-Roof’s negligence, in whole or in part, caused Philip’s injury. Philip files an opposition, arguing (1) it is too late to amend; (2) joinder of a new party now would prejudice Philip; (3) the Statute of Limitations bars Daniel from adding Blue-Roof, and (4) if Daniel is found liable in the present action, he can then seek contribution from Blue-Roof in a separate action. 1. Will the Superior Court grant Daniel’s motion? Why or why not? Explain. 2. Assume for purposes of this question only that Daniel is permitted to join Blue-Roof. Explain how the Superior Court will instruct the jury to determine the respective liability of the parties? Why? July 2011 Page 1 of 1 GRADERS’ GUIDE * * * QUESTION NO. -
Answer in a Connecticut Civil Action • "Deny" - Denial, the Entire Paragraph Is False
Connecticut Judicial Branch What do the responses mean? Law Libraries In an Answer, the following are the responses allowed and their meaning to the Court. • "Admit" - Admission, the entire paragraph is true. Answer In A Connecticut Civil Action • "Deny" - Denial, the entire paragraph is false. • "Do not know" - Lacks the knowledge to either admit or deny and leaves it What is an Answer in a civil action? to the Plaintiff to prove. This response is treated by the Court as a denial. • "~dmit in part and deny in part" - Admit part of the paragraph, but disagree Connecticut Practice Book section 10-46 states that the Answer is the with part. Defendant's pleading which responds to each and every allegation in the Plai~tiff's Co~p.laint. In th~ Answer, the Defendant responds to each allegation If the Defendant agrees that one or more parts of the allegation by either admitting or denying the allegation, or stating that the Defendant does paragraph are true but believes that one or more parts are false, the Defendant not have enough knowledge to either admit or deny the allegation and leaves it m~st expl~in in the Answer what parts are being admitted and what parts are to the Plaintiff to prove. being ~ern~d: See. Connecticut Practice Book section 10-48. Admitting an allegation in 1.ts entirety means that the allegation is completely true and no part Connecticut Practice Book section 10-48 states that an Answer should of the allegation can later be brought up for discussion. be direct: precise and specific. -
2019 Florida Handbook on Civil Discovery Practice
Florida Conference of Circuit Judges Hon. Angela J. Cowden, Chair Conference of County Court Judges of Florida Hon. David L. Denkin, President Trial Lawyers Section of The Florida Bar Mindy McLaughlin, Chair TLS Discovery Handbook Committee Nick Mizell, Editor and Chair Hon. Elizabeth Rice Hon. Ralph Artigliere John Williams Prof. William Hamilton Rachael Loukonen Weston F. Smith Kim Ashby Joseph “Skooter” Kinman PREFACE In 1994, the Trial Lawyers Section of The Florida Bar, the Conference of Circuit Judges, and the Conference of County Court Judges formed a joint committee to provide a forum for the exchange of ideas on how to improve the day-to-day practice of law for trial lawyers and trial judges. At the committee’s first meeting, it was the overwhelming consensus that “discovery abuse” should be the top priority. The original handbook and the later editions are the result of the continued joint efforts of the Trial Lawyers Section, the Conference of Circuit Judges, and the Conference of County Court Judges. It is intended to be a quick reference for lawyers and judges on many recurring discovery problems. It does not profess to be the dispositive legal authority on any particular issue. It is designed to help busy lawyers and judges quickly access legal authority for the covered topics. The ultimate objective is to help curtail perceived abuses in discovery so that the search for truth is not thwarted by the discovery process itself. The reader should still do his or her own research, to include a review of local administrative orders and rules. The first edition of this handbook was prepared in the fall of 1995. -
Case 3:18-Cv-00517-JR Document 33 Filed 08/20/18 Page 1 of 5
Case 3:18-cv-00517-JR Document 33 Filed 08/20/18 Page 1 of 5 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION STATE FARIVf FIRE AND CASUALTY CO., No. 3:18-cv-00517-PK Plaintiff, v. FINDINGS AND RECOMMENDATION DANIEL SELLARS, et al., Defendants. PAP AK, Magistrate Judge: Plaintiff State Farm Fire and Casualty Co. (State Farm) brings this interpleader action, seeking a declaration on its obligation to pay proceeds under State Fann renters' insurance policy no. 37-CB-D540-6 (the Policy). State Farm alleges that a fire originated in the insured location, an apmiment in Pmiland, causing prope1iy damage to others, and that each of the named Defendants "potentially may make a claim to the proceeds" of the Policy based on losses caused by the fire. Comp!. ~ 22, ECF No. 1. Page -1- FINDINGS AND RECOMMENDATION Case 3:18-cv-00517-JR Document 33 Filed 08/20/18 Page 2 of 5 State Fmm now moves for an order discharging it from fmiher liability and awarding attorney's fees and costs in an amount to be determined. ECF No. 20. Although none of the Defendants oppose State Fmm's motion, Defendant Truck Insurance Exchange (Truck Insurance) has filed an answer seeking $786,132.92 "plus an amount to be dete1mined," from State Fmm. Truck Insurance's Answer if 19, ECF No. 15. BACKGROUND On March 26, 2018, State Farm filed its Motion for Interpleader Deposit, seeking to deposit the amount of the Policy proceeds, $300,000. ECF No. 2. On March 28, 2018, this comi granted State Fmm's Motion for Interpleader Deposit and ordered that State Farm's tendered funds of $300,000 be deposited into this court's registry pending final judgment.