Case Name: Knowles Surgery Center, LLC v. Damien Carter
Case No.: 2014-1-CV-272401

On calendar is Plaintiff’s motion to compel Defendant Damien Carter to serve responses to Form Interrogatories (“FI”), demand for inspection, request for production of documents, and to appear at deposition. The motion was timely served, and is unopposed. The Court notes that Defendant contacted the Clerk’s Office today to indicate that he is unavailable, but apparently did not notify opposing counsel or make a formal application to continue the hearing. Counsel to appear regarding this issue. In any event, Defendant has not filed opposition to the motion.

The Court notes that in considering this motion, “[t]he failure to file a written opposition or to appear at a hearing or the voluntary provision of discovery shall not be deemed an admission that the motion was proper or that sanctions should be awarded.” Rule of Court 3.1348(b).

Although the motion is unopposed, the Court finds that certain of the Form Interrogatories are hopelessly vague in the context of what is essentially a contract dispute, are clearly intended for use in personal injury types of cases, appear intended to harass, and will not lead to the discovery of admissible evidence in the context of this case. Accordingly, the motion to compel responses to FIs 2.3, 2.4, 2.11, 2.12, 2.13, 4.1, 4.2, 8.1 through 8.4, 11.1, 11.2, 12.1 through 12.7, 13.1, 13.2, 14.1, 14.2, 16.1, 16.2, 16.4, 16.6, 16.7, and 17.1 (there do not appear to have been any Requests for Admissions), is DENIED.

The motion to compel Defendant to serve verified responses to FIs1.1, 2.1, 2.2, 2.5, 2.6. 2.7, 2.8, 2.9, 2.10, 16.5, and 50.1 through 50.6 is GRANTED; the motion to compel verified responses to request for production of documents is GRANTED; and the motion to compel attendance at deposition is GRANTED. Defendant shall serve verified code-complaint written responses to the FIs listed, and the request for production of documents. Defendant shall appear for a deposition, on a date to be provided by Plaintiff and that shall be inserted in the order.

Sanctions are awarded in the amount of $1000, which the Court finds to be reasonably and necessarily incurred for purposes of the motion to compel, and because the request for sanctions is not fully code-compliant.

Moving party shall prepare the order.