UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Resource Management Company

v. Civil No. 06-cv-366-JD

Frank Gregory

O R D E R

 The parties in this matter appeared before me today on

plaintiff’s motion to compel answers to interrogatories and

production of documents (document no. 25). Defendant objects

(document no. 33). After hearing evidence and argument on this

motion I notified the parties orally of my Order. Memorializing

my verbal order, I find and direct as follows:

Plaintiff asserts that defendant has failed to thoroughly

comply with plaintiff’s proper discovery requests by providing

incomplete answers to interrogatories and incomplete production

of documents. I find that while defendant has collected and

provided much of the information to plaintiff as requested, there

remain significant gaps in the answers and documents provided,

necessitating this Order. I therefore direct that defendant

produce, under oath, the following information and documentation

Case 1:06-cv-00366-JD Document 39 Filed 02/27/07 Page 1 of 3
1I note that during the hearing, defendant’s counsel

indicated that he understood the substance of this Order and

assured the Court the Order would be followed.

2The defendant has already agreed to provide bank account

records. Further, based on the summary that defendant has

provided already, it appears that the source material to comply

with this Order exists and should be available for production.

2

for each of the 67 “Fen-Phen” cases in question in this case:1

! The name of the client and any other identifying information 

 (e.g., claim number) for each case;

! The status of each case, including whether or not it has 

 been resolved or otherwise discontinued;

! The attorney(s) and/or firm(s) that handled each of the cases;

! Documentation of the fee arrangement in each case, including 

attorney/client fee agreements and arrangements or agreements 

between attorneys if more than one attorney or firm is involved 

in the case;

! Proof of any settlement, including amount and date of 

settlement, that may have occurred;

! Proof of a denial of award or lack of recovered legal fees in 

 appropriate cases;

! A full and itemized statement of defendant’s legal costs and 

expenses in each case;

! The total legal fees received in each case;

! The specific legal fee received by Gregory for each case where 

 a fee was received and the date upon which it was received.

In addition to defendant’s sworn statement averring the

accuracy of the information provided pursuant to this Order, each

of the items should be supported by appropriate documentation,

including, but not limited to, bank account records,

correspondence, settlement agreements, and client accounting

sheets.2 

Case 1:06-cv-00366-JD Document 39 Filed 02/27/07 Page 2 of 3
3

The defendant is ordered to produce the described discovery

within twenty (20) days of the date of this Order.

SO ORDERED.

____________________________________

James R. Muirhead

United States Magistrate Judge

Date: February 27, 2007

cc: Benjamin C. Riggs, Jr., pro se

 Michael D. Ramsdell, Esq.

 Mark E. Howard, Esq.

Case 1:06-cv-00366-JD Document 39 Filed 02/27/07 Page 3 of 3