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Joseph A. Hirsch, Esq.

Atty. Id. No. 66640

HIRSCH & HIRSCH

110 Bala Avenue

Third Floor

Bala Cynwyd, Pennsylvania 19004

Telephone (610) 660-9955 Attorney for Plaintiff

 

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LAURIE E. SWEIGARD :

Plaintiff : CIVIL ACTION NO.

: 02-2755

V. :

:

CHOICE SERVICES INTERNATIONAL, :

INC., ET AL :

Defendants :

PLAINTIFF'S MOTION TO COMPEL

DEFENDANTS’ ANSWERS TO INTERROGATORIES

AND PRODUCTION OF DOCUMENTS

1. Plaintiff's First Interrogatories directed to each

defendant, and First Request for Production of Documents

were served on the Defendants via first class mail on June

20, 2002. (Exhibit A).

2. To date, the Defendant has failed to serve any responses or

objections to said discovery requests.

3. On August 2, 2002, after Defendants’ responses were past

due, Plaintiff’s counsel forwarded a letter to Defense

counsel inquiring when discovery responses would be

forthcoming. (Exhibit B).

Case 2:02-cv-02755-JCJ Document 7 Filed 09/06/2002 Page 1 of 6
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4. No response whatsoever was received from the Defendant.

5. Plaintiff’s counsel sent another letter to Defense counsel

on August 6, 2002 reminding Defendants of the fact that

their responses were more than two weeks past due, and

inquiring as to when the responses would be forthcoming.

(Exhibit C).

6. No response whatsoever was received from the Defendant.

7. On August 29, 2002, Plaintiff’s counsel sent Defense counsel

another letter, via fax, warning that if no responses were

served by September 4, 2002, a motion to compel would be

filed. (Exhibit D).

8. On August 30, 2002, defense counsel called the undersigned

Plaintiff’s counsel, apologized for the delay, and assured

that responses would be delivered no later than the middle

of the week of September 2, 2002.

9. Once again, Defendants have failed to serve any responses 

to Plaintiff’s discovery requests.

10. The Plaintiff has scheduled a series of depositions in this

matter, but counsel’s efforts to properly prepare for these

depositions has been compromised by the absence of any

discovery responses whatsoever.

11. The Plaintiff has been patient and allowed Defendants more

than ample opportunity to serve responses, but further

delays will only serve to prejudice the Plaintiff’s ability

to pursue her claims, especially in view of the fact that

Case 2:02-cv-02755-JCJ Document 7 Filed 09/06/2002 Page 2 of 6
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the discovery cut-off date is October 21, 2002.

12. Plaintiff's counsel hereby certifies that he has made a good

faith effort to resolve this discovery dispute with Defense

counsel as required by Fed.R.Civ.P. 37(a)(2)(B) and Local

Rule 26.1(f), however, such efforts have been unsuccessful.

WHEREFORE, the Plaintiff respectfully requests this

Honorable Court to grant her Motion, Order the Defendants to

serve full and complete answers to her Interrogatories and

produce all documents responsive to her Requests for Production,

and pay for the counsel fees incurred in preparing this motion.

Date: September 6, 2002 

JOSEPH A. HIRSCH, ESQ.

Attorney for Plaintiff

Case 2:02-cv-02755-JCJ Document 7 Filed 09/06/2002 Page 3 of 6
Joseph A. Hirsch, Esq.

Atty. Id. No. 66640

HIRSCH & HIRSCH

110 Bala Avenue

Third Floor

Bala Cynwyd, Pennsylvania 19004

Telephone (610) 660-9955 Attorney for Plaintiff

 

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LAURIE E. SWEIGARD :

Plaintiff : CIVIL ACTION NO.

: 02-2755

V. :

:

CHOICE SERVICES INTERNATIONAL, :

INC., ET AL :

Defendants :

Certificate of Service

I, Joseph A. Hirsch, Esq., hereby certify that on this date,

I served a true and correct copy of the Plaintiff’s Motion to

Compel Defendants’ Answers to Interrogatories and Production of

Documents upon Peter D. Bludman, Esq., counsel for Defendants, at

Margolis Edelstein, The Curtis Center, 4th Floor, Independence

Square West, Philadelphia, PA 19106-3304, via first fax (215-922-

1772) and class mail, postage prepaid.

Date: 

JOSEPH A. HIRSCH, ESQUIRE

Case 2:02-cv-02755-JCJ Document 7 Filed 09/06/2002 Page 4 of 6
Joseph A. Hirsch, Esq.

Atty. Id. No. 66640

HIRSCH & HIRSCH

110 Bala Avenue

Third Floor

Bala Cynwyd, Pennsylvania 19004

Telephone (610) 660-9955 Attorney for Plaintiff

 

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LAURIE E. SWEIGARD :

Plaintiff : CIVIL ACTION NO.

: 02-2755

V. :

:

CHOICE SERVICES INTERNATIONAL, :

INC., ET AL :

Defendants :

O R D E R

AND NOW, this day of , 2002,

upon consideration of the Plaintiff’s Motion to compel answers to

interrogatories and production of Documents, it is hereby ORDERED

that the Plaintiff's motion is GRANTED, and the Defendants shall

serve full and complete answers to Plaintiff's Interrogatories

and produce all documents responsive to Plaintiff’s Requests for

Production of Documents within days after the date of

this Order; and,

It is hereby FURTHER ORDERED that Defendant shall pay to

Plaintiff attorneys fees and costs in the amount of $ 

Case 2:02-cv-02755-JCJ Document 7 Filed 09/06/2002 Page 5 of 6
incurred in preparing and prosecuting this Motion.

BY THE COURT

 

, J.

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