Motion 13 - product liability plaintiffs motion to compel defendants response to discovery request

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Plaintiff's Motion to Compel

Plaintiffs, SUZANNE COLANGELO and CARMEN COLANGELO, by and through their attorneys, PAVALON & GIFFORD, move this honorable court for an order compelling the defendants, MICHAEL J. SCHIED, M.D., DANA S. ZIEBEL, M.D. and LaGRANGE WOMEN'S CLINIC, S.C., to respond to all outstanding written discovery within fourteen (14) days, and in support thereof states:

1. On June 5, 1995, plaintiffs served upon defendants certain written interrogatories and a production request. (SeeExhibit A, Written Discovery, attached hereto.)

2. On June 18, 1996, counsel for plaintiffs called counsel for the defendants and had a 201(k) telephone conference regarding defendants' answers to written discovery. At that time, counsel for the defendants said he would verbally provide answers to the various interrogatories at the deposition of defendant, Dr. Schied, which was set for the following day, and would provide written, signed answers to interrogatories shortly thereafter. In the interest of allowing the defendant's deposition to proceed, plaintiff's counsel agreed to the above-mentioned plan regarding the outstanding written discovery.

3. On October 3, 1996, counsel for plaintiffs sent a letter to counsel for defendants requesting that defendants make a written response to plaintiffs' written discovery within 14 days. (See Exhibit B, correspondence dated October 3, 1996, attached hereto.)

4. To date, plaintiffs have not received the defendants' answers to their written discovery, and will be prejudiced if same are not provided within 14 days.

WHEREFORE, plaintiffs, SUZANNE COLANGELO and CARMEN COLANGELO, pray that this court grant their motion and enter an order compelling the defendants to respond to all outstanding discovery within fourteen (14) days.

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