IN THE CIRCUIT COURT OF
MUNICIPAL DEPARTMENT, FIFTH DISTRICT
PETER MEYERS, )
) No.: 04 M5-001064
MOSES ESPINOZA and PACELLA )
PIGGYBACK, INC., )
DEFENDANTS’ S.C.R. 219(c) MOTION FOR DISCOVERY SANCTIONS
NOW COME the Defendants, MOSES ESPINOZA and PACELLA PIGGYBACK, INC., by and through their attorney, LAW OFFICES LOWELL D. SNORF, III, and move this Honorable Court for S.C.R. 219(c) discovery sanctions for Plaintiff’s failure to comply with court orders directing Plaintiff’s discovery compliance. In support of this motion, movant states as follows:
2. Plaintiff did not answer written
discovery, and on
3. Plaintiff did not answer written
6. On April 8, 2005, the February 15, 2005 dismissal for want of prosecution was vacated, and written discovery was to be answered within 7 days (see Exhibit “E,” attached).
7. Some time later, Plaintiff filed interrogatory answers which were incomplete (see Exhibit “F,” attached). Defendants did not receive Plaintiff’s verified answers to their S.C.R. 214 production requests.
8. By December,
2005, Defendants still had not received Plaintiff’s complete and verified discovery
responses. Defendants prepared and filed
a motion to compel (see Exhibit “G,” attached).
The motion was to be presented on
9. Plaintiff’s attorney called Defendants’
attorney the afternoon of
WHEREFORE, movants respectfully request the Court for the following:
a), Pursuant to S.C.R. 219(c)(ii), bar PETER MEYERS’ discovery responses in support of his injury claim against answering Defendants; and/or
b), Pursuant to S.C.R. 219(c)(iii), bar PETER MEYERS from maintaining any injury claim against answering Defendants; and/or
c), Pursuant to S.C.R. 219(c)(iv), bar PETER MEYERS from testifying and/or providing any evidence and witnesses at arbitration and/or trial; and/or
d), Pursuant to S.C.R. 219(c)(vi), strike PETER MEYERS’ pleadings relating to any claim for injury against answering Defendants; and/or
e), Pursuant to S.C.R. 219(c)(vii), compel PETER MEYERS or his attorneys to pay all expenses and attorney’s fees incurred, including all expenses and costs allowable under S.C.R. 219(e), as a result of PETER MEYERS’ discovery abuse.
LAW OFFICES OF
Telephone: (312) 726-8961 Lowell D. Snorf, III
ATT #71148 Attorney for Defendants