IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 : 

LEE ARTERS t/a GREENDALE BUILDERS : CIVIL ACTION - LAW 

 : 

 : 

 Plaintiff, : 

 : 

 v. : 

: No. 02-CV-4388 

ZURICH AMERICAN INSURANCE CO. t/a, : 

ZURICH NORTH AMERICA as successor in : 

Interest to ASSURANCE CO. OF AMERICA, et al. : JURY OF TWELVE (12) 

 : DEMANDED 

 : 

 Defendants. : 

___________________________________________ : 

ORDER

AND NOW, this __________ day of __________________, 2003, upon 

consideration of Plaintiff's Motion to Compel Defendants' Responses to Plaintiff's 

Interrogatories and Request for Production of Documents, and any responses thereto, it is 

hereby ORDERED and DECREED that said motion is GRANTED. Defendants, 

Zurich American Insurance Co. t/a Zurich North America as successor in interest to 

Assurance Co. of America and Assurance Company of America, are ORDERED to 

provide full and complete responses, without objection, to Plaintiff's Requests for 

Production of Documents and Plaintiff's Interrogatories (first and second sets) within ten 

(10) days of the date of this order, or suffer possible sanctions upon application to the 

court. 

 IT IS SO ORDERED 

 

 ______________________________

 J. 

Case 2:02-cv-04388-JF Document 8 Filed 02/11/2003 Page 1 of 7
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 : 

LEE ARTERS t/a GREENDALE BUILDERS : CIVIL ACTION - LAW 

 : 

 : 

 Plaintiff, : 

 : 

 v. : 

: No. 02-CV-4388 

ZURICH AMERICAN INSURANCE CO. t/a, : 

ZURICH NORTH AMERICA as successor in : 

Interest to ASSURANCE CO. OF AMERICA, et al. : JURY OF TWELVE (12) 

 : DEMANDED 

 : 

 Defendants. : 

___________________________________________ : 

PLAINTIFF'S MOTION TO COMPEL DEFENDANTS' 

 RESPONSES TO PLAINTIFF'S INTERROGATORIES AND REQUESTS FOR 

PRODUCTION OF DOCUMENTS

1. On or about August 21, 2002, Plaintiff sent to Defendants Plaintiff's First 

Set of Interrogatories Addressed to Defendants, Zurich American Insurance Co. t/a 

Zurich North America and Assurance Co. of America (the "First Set of Interrogatories"). 

A true and correct copy of the First Set of Interrogatories is attached hereto as Exhibit 

"A". 

2. By letter dated September 16, 2002, Defendants requested "a reasonable 

extension of time" to answer the First Set of Interrogatories. A true and correct copy of 

the September 16, 2002 letter is attached hereto as Exhibit "B". Plaintiffs did not respond 

to such request. 

3. On or about November 5, 2002, Defendants filed a status report with the 

Court stating their estimate that discovery could be completed by February 4, 2003 (the 

"Status Report"). A true and correct copy of the Status Report is attached hereto as 

Exhibit "C". 

Case 2:02-cv-04388-JF Document 8 Filed 02/11/2003 Page 2 of 7
4. On or about November 20, 2002, Plaintiff sent to Defendants Plaintiff's 

Second Set of Interrogatories and Request for Production of Documents of Plaintiff 

Addressed to Defendant (together, the "Second Set of Discovery Requests"). True and 

correct copies of the Second Set of Discovery Requests are attached hereto as Exhibit 

"D". 

5. By letter dated January 16, 2003, Plaintiffs requested responses to the First 

Set of Interrogatories and the Second Set of Discovery Requests. A true and correct copy 

of the January 16, 2003 letter is attached hereto as Exhibit "E". 

6. By letter dated January 17, 2003, Plaintiffs granted an extension until 

January 24, 2003 for full and complete responses to the First Set of Interrogatories and 

the Second Set of Discovery Requests. A true and correct copy of the January 17, 2003 

letter is attached hereto as Exhibit "F". 

7. On January 24, 2003, Defendants' counsel again requested an extension of 

time to respond, which was granted until January 31, 2003. 

8. On January 31, 2003, Defendants' counsel again requested an extension of 

time, which was granted until February 4, 2003. 

9. On February 4, 2003, Defendants' counsel again requested an extension of 

time, which was denied. 

10. Defendants have failed to answer the First Set of Interrogatories and the 

Second Set of Discovery Requests, and have made no objection to the content of same. 

11. The Federal Rules of Civil Procedure require that a party respond to 

another party's discovery requests within thirty (30) days after service thereof. See 

F.R.C.P. 34(b). 

Case 2:02-cv-04388-JF Document 8 Filed 02/11/2003 Page 3 of 7
12. Plaintiff requests the First Set of Interrogatories five and one-half months 

ago, and the Second Set of Discovery Requests two and one-half months ago. 

13. Despite Plaintiff granting Defendants' repeated requests for extensions of 

time, Defendants have failed to any of Plaintiff's discovery requests. 

WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant 

this Motion and compel Defendants to provide full and complete responses to the First 

Set of Interrogatories and the Second Set of Discovery Requests within ten (10) days of 

the date of such Order of the Court. 

Date: February 6, 2003 VAUGHAN, DUFFY & CONNORS, LLP 

 By: ___________________________________ 

 Francis X. Nolan, Esquire 

 Attorney for Plaintiff Lee Arters t/a 

 Greendale Builders 

Case 2:02-cv-04388-JF Document 8 Filed 02/11/2003 Page 4 of 7
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 : 

LEE ARTERS t/a GREENDALE BUILDERS : CIVIL ACTION - LAW 

 : 

 : 

 Plaintiff, : 

 : 

 v. : 

: No. 02-CV-4388 

ZURICH AMERICAN INSURANCE CO. t/a, : 

ZURICH NORTH AMERICA as successor in : 

Interest to ASSURANCE CO. OF AMERICA, et al. : JURY OF TWELVE (12) 

 : DEMANDED 

 : 

 Defendants. : 

___________________________________________ : 

CERTIFICATE OF GOOD FAITH EFFORTS

 Francis X. Nolan, Esquire, for the Plaintiff, Lee Arters t/a Greendale Builders, 

hereby certifies that he made the following good faith efforts to resolve this discovery 

dispute: 

1. On January 16, 2003, Plaintiff sent a letter to Defendants inquiring into the 

whereabouts of Defendants' responses to the Plaintiff's First Set of Interrogatories 

Addressed to Defendants, Zurich American Insurance Co. t/a Zurich North America and 

Assurance Co. of America (the "First Set of Interrogatories") and Plaintiff's Second Set of 

Interrogatories and Request for Production of Documents of Plaintiff Addressed to 

Defendant (together, the "Second Set of Discovery Requests"). 

2. On January 17, 2003, Plaintiff granted Defendants and extension of time 

until January 24, 2003 to answer all aforementioned discovery requests. 

3. On January 24, 2003, Plaintiff granted Defendants an additional extension 

of time until January 31, 2003 to answer all aforementioned discovery requests. 

Case 2:02-cv-04388-JF Document 8 Filed 02/11/2003 Page 5 of 7
4. On January 31, 2003, Plaintiff granted Defendants yet another extension 

of time until February 4, 2003 to answer all aforementioned discovery requests. 

5. On February 4, 2003, Defendants requested yet another extension of time 

to respond to all discovery requests, which was denied. 

Date: February 6, 2003 VAUGHAN, DUFFY & CONNORS, LLP 

 By: ___________________________________ 

 Francis X. Nolan, Esquire 

 Attorney for Plaintiff Lee Arters t/a 

 Greendale Builders 

Case 2:02-cv-04388-JF Document 8 Filed 02/11/2003 Page 6 of 7
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 : 

LEE ARTERS t/a GREENDALE BUILDERS : CIVIL ACTION - LAW 

 : 

 : 

 Plaintiff, : 

 : 

 v. : 

 : No. 02-CV-4388 

ZURICH AMERICAN INSURANCE CO. t/a, : 

ZURICH NORTH AMERICA as successor in : 

Interest to ASSURANCE CO. OF AMERICA, et al. : JURY OF TWELVE (12) 

 : DEMANDED 

 : 

 Defendants. : 

___________________________________________ : 

CERTIFICATE OF SERVICE

 The undersigned counsel hereby certifies that on this day a true and correct copy of 

the foregoing Plaintiff's Motion to Compel Defendants' Responses to Plaintiff's 

Interrogatories and Requests for Production of Documents was served by first class mail, 

postage prepaid, addressed as follows: 

Carl Delacato, Jr., Esquire 

Hecker, Brown, Sherry & Johnson, LLP 

1700 Two Logan Square 

18th and Arch Streets 

Philadelphia, PA 19103 

 VAUGHAN, DUFFY & CONNORS, LLP 

 

 

 By: ________________________________ 

 Francis X. Nolan, Esquire 

 Attorney for Plaintiff 

Date: February 6, 2003 

Case 2:02-cv-04388-JF Document 8 Filed 02/11/2003 Page 7 of 7