2012-00130788-CU-BT

Northwest Exteriors Inc vs. Todd McKinstry

Nature of Proceeding: Motion to Compel Special Interrogatories

Filed By: Murray, Todd A.

Plaintiff Northwest Exteriors, Inc.’s motion to compel further responses to Special
Interrogatories is GRANTED as follows.

On March 19, 2013, Plaintiff served the discovery on Defendant Todd McKinstry.
Defendant served responses and the parties began to meet and confer. As a result of
the meet and confer process, Plaintiff agreed to re-propound the discovery. The re-
propounded discovery was served on June 27, 2013. Defendant served his responses
on August 1, 2013.

Plaintiff now moves to compel further responses to the re-propounded discovery.

In response to the disputed interrogatories, Defendant responds “See Exhibit A,
Declaration of Todd McKinstry, attached hereto.” Plaintiff argues that this response is
insufficient as it is unclear as to which portions of the declaration are responsive to the
respective interrogatory. In opposition to the motion, Defendant has provided specific
citations to the declaration for each interrogatory. (See Opposition 10:27-11:8.)
The Court agrees with Plaintiff that the response citing generally to Defendant’s
declaration is insufficient as it fails to identify the specific portions of the declaration
response to the respective interrogatory.

To the extent Defendant specifically objected to an interrogatory on the grounds that
“YOU” and “YOURS” is vague, ambiguous and unintelligible, the specific objection is
OVERRULED.

Defendant shall serve written verified responses to the discovery by no later than
October 28, 2013.

The Court will not address Plaintiff’s arguments that the portions cited by Defendant in
his opposition are not responsive to the request. The parties must meet and confer
regarding the issue.

Both parties’ request for sanction are DENIED.

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.