Agenda Commission Meeting April 26, 5: He insists that the only proper way to respond to Ms. With respect to defense counsel, although there is no evidence that Mr. Parker that the reports may be inaccurate, and directed her to the files in Ventnor City Hall for the balance of the information.
The Court further finds, however, that 6 hours is excessive for preparing the sanctions motion and presenting it at the hearing. Plaintiff's counsel also is entitled to reimbursement for:
Therefore, the Court finds that a total of 4 hours is reasonable for both preparation and presentation of the motion. Rule 37 c provides in pertinent part: The Municipal Court in Ventnor is a court of limited jurisdiction which means that the court does not have the authority to hear every type of case.
Defendants' testimony revealed that they knew about the monthly summary reports at the time they allegedly discussed production pursuant to plaintiff's document request. In addition, the Municipal Court in Ventnor routinely hears cases of simple assault, lewdness, failing to present proof of insurance, driving while intoxicated, underage drinking, and urinating in public. Barker's document requests with defense counsel and decided that the only proper response was to direct Ms. Even defendant Abbott conceded that the monthly summary reports "maybe would have assisted" Ms.
Although Ventnor does not have a separate court that exclusively hears housing code violations, the one day each month that housing matters are scheduled to be heard in the Municipal Court is referred to as "Housing Court. There was no apparent alternative means by which to obtain the information, which defendants have not disputed was relevant and material to plaintiff's case. Parker stated at the hearing that she is moving for sanctions pursuant to Rule 37 c , and not Rule 37 a , which allows a party who requested documents under Rule 34 to move for an Order compelling production of the documents, along with expenses and sanctions. Agenda Commission Meeting March 8, 5:
Moreover, because the handwritten notations were not part of a formal data input procedure, they may not be dependable or complete. Barker knew about the monthly summary reports before Mayor Kreischer's deposition, there is also no evidence that he asked his clients whether they had any data compilations that contained the information requested by Ms.
Posted by: Akinolrajas | on October 2, 2012
It is not necessary for plaintiff's counsel to guess precisely the types of data that the monthly reports might have contained in order to make them responsive to her document requests. All summonses issued by Ventnor from January 1, to the present alleging violations of Ventnor's trash ordinances, the identity of the prosecutor, Ventnor's file on each matter, and the disposition of each case.
Questions About Going to Municipal Court? Parker's document requests was to go through each individual property file.
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