Judge: David A. Hoffer, Case: 30-21-01209852Kellyvs.Tow, Date: 2022-07-25 Tentative Ruling

The Motion to Compel Further Responses Without Objections to Form Interrogatories (Set One), filed on 4/6/22 by Plaintiff Gregory Kelly (“Plaintiff”), as to the Form Interrogatories (“FROGs”) originally served on 12/24/21 on defendant Bret Percival (“Percival”), is GRANTED IN PART. 

With regard to the FROGs still at issue after further supplementation was provided, the Motion is GRANTED as to FROG 2.3, as such identifying information is at least potentially relevant here, and as to the portion of the response to FROG 15.1 regarding Affirmative Defenses 5 and 6, as no factual basis is stated therein.  The Motion is otherwise DENIED, as the other responses at issue appear adequate on their face.  Disputes as to the truthfulness of or accuracy of the responses are beyond the scope of this motion.  Percival is to provide supplemental responses to FROG 2.3 and to FROG 15.1 for Affirmative Defenses 5 and 6 within 15 days after service of notice of this ruling.

Plaintiff’s request that any further responses be compelled without objections is DENIED. Plaintiff has failed to present evidence to suggest that objections were waived, or to otherwise support that sweeping claim.

As both sides have shown substantial justification for some aspects of their respective positions, Plaintiff’s request for sanctions is DENIED. 

Plaintiff is ordered to give notice of this ruling.