On December 30, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Pirzl, John H,
and
Bradley, Kelsey,
for Torts
in the District Court of Berkshire County.
Preview
Court’s order dated June 7, 2021, compelling production of
Interrogatories:
a the affirmative defense of comparative negligence shall
be stricken;
b. the defendant shall not be permitted to oppose the
plaintiffs’ claim of negligence on the part of the defendant and
that his negligence caused the collision; and
Cc the defendant shall pay the sum of $500.00 to Cynthia A.
Spinola, Esq. for fees incurred by her in connection with the
Gefendant’s failure to obey the court order dated June 7, 2021.
RESPECTFULLY SUBMITTED
THE PLAINTIFF,
By/his attorneys,
Dated: bb Me cd ¢f tAthh hers. (Mob HOV,
Cynthia A. Spinola, Esq.
HASHIM & SPINOLA
82 Wendell Avenue
Pittsfield, MA 01201
Tel. (413) 499-1304
BBO No. 475620
Cspinola@hashimspinola.com
CAS: jma
CERTIFICATE OF SERVICE
I, Cynthia A. Spinola., hereby certify that on this C) day
of June, 2021, I caused a true and accurate copy of the
foregoing document to be served by electronic mail upon counsel
for the defendant:
Katharine BE. Reisbig. Esq.
Law Offices of Cain, Sherry, Geller & Vachereau
10 St. James Avenue, 5 Floor
Boston, MA 02116
Katharine. reisbig@libertymutual.com
AY,
A forme
on om ee
Cynthia A Spinola , - Esq.
2076CV00189
Berkshire Superior Court
7/14/2021
COMMONWEALTH OF MASSACHUSETTS
BERKSHIRE, ss. SUPERIOR COURT DEPT.
OF THE TRIAL COURT
Civil Action No.2076CV189
JOHN H. PIRZL
Plaintiff
Vv
KELSEY BRADLEY,
Defendant
PLAINTIFF'S MOTION PURSUANT TO
MASS .R.CIV.P. 37(b) (2) FOR SANCTIONS FOR FAILURE TO
COMPLY WITH ORDER ON PLAINTIFF'S MOTION TO COMPEL
Pursuant to Rule 37(b)(2) of the Massachusetts Rules of Civil
Procedure, plaintiffs move this Honorable Court to order sanctions
due to the defendant's failure to obey this Court’s order of June
7, 2021, compelling production of Defendant's Answers to
Interrogatories. See Order of Court dated June 7, 2021, attached
hereto as Exhibit A.
As sanctions for the defendant's intentional failure to
provide the documents ordered, the plaintiffs seek an order
stating that the Defendant's affirmative defense of comparative
negligence be stricken. Moreover, the plaintiffs seek an award of
attorney's fees caused by the failure to comply with the court's
order to compel production of statements. Mass.R.Civ.P. 37(b) (2).
On or about June 22, 2021, plaintiff's counsel contacted the
Defendant's counsel asking when she could expect the documents
cc
ordered by the court to be produced. Plaintiff's counsel was
advised the signed answers have not been received from the
Defendant as of that date. It was requested that the unsigned
answers be sent and supplemented with the Defendant's signature
when received. To this date Plaintiff has not received any
further communication from Defendant or counsel
ARGUMENT
The provisions of Mass.R.Civ.P. 37 state that a party who
fails to make discovery as ordered by the court under
Mass .R.Civ.P 37(a) pursuant to a motion to compel discovery is
subject to sanctions by the court. These sanctions may include
an order refusing to allow the disobedient party to support or
oppose designated claims or defenses or prohibiting him from
introducing designated matters in evidence. Mass.R.Civ.P.
37(b) (2) {(B). Moreover, said disobedient party may be ordered by
the court to pay the reasonable attorney’s fees incurred by the
non-offending party caused by the failure to obey.
On the basis of the foregoing, plaintiff submits that it is
appropriate that the court order sanctions on behalf of the
plaintiff for defendant’s willful violation of the court’s order
to Compel production of Interrogatories.
WHEREFORE, the plaintiff moves this Honorable Court for an
order as follows due to the defendant’s failure to obey this
Document Filed Date
July 14, 2021
Case Filing Date
December 30, 2020
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Court’s order dated June 7, 2021, compelling production of Interrogatories: a the affirmative defense of comparative negligence shall be stricken; b. the defendant shall not be permitted to oppose the plaintiffs’ claim of negligence on the part of the defendant and that his negligence caused the collision; and Cc the defendant shall pay the sum of $500.00 to Cynthia A. Spinola, Esq. for fees incurred by her in connection with the Gefendant’s failure to obey the court order dated June 7, 2021. RESPECTFULLY SUBMITTED THE PLAINTIFF, By/his attorneys, Dated: bb Me cd ¢f tAthh hers. (Mob HOV, Cynthia A. Spinola, Esq. HASHIM & SPINOLA 82 Wendell Avenue Pittsfield, MA 01201 Tel. (413) 499-1304 BBO No. 475620 Cspinola@hashimspinola.com CAS: jma CERTIFICATE OF SERVICE I, Cynthia A. Spinola., hereby certify that on this C) day of June, 2021, I caused a true and accurate copy of the foregoing document to be served by electronic mail upon counsel for the defendant: Katharine BE. Reisbig. Esq. Law Offices of Cain, Sherry, Geller & Vachereau 10 St. James Avenue, 5 Floor Boston, MA 02116 Katharine. reisbig@libertymutual.com AY, A forme on om ee Cynthia A Spinola , - Esq. 2076CV00189 Berkshire Superior Court 7/14/2021 COMMONWEALTH OF MASSACHUSETTS BERKSHIRE, ss. SUPERIOR COURT DEPT. OF THE TRIAL COURT Civil Action No.2076CV189 JOHN H. PIRZL Plaintiff Vv KELSEY BRADLEY, Defendant PLAINTIFF'S MOTION PURSUANT TO MASS .R.CIV.P. 37(b) (2) FOR SANCTIONS FOR FAILURE TO COMPLY WITH ORDER ON PLAINTIFF'S MOTION TO COMPEL Pursuant to Rule 37(b)(2) of the Massachusetts Rules of Civil Procedure, plaintiffs move this Honorable Court to order sanctions due to the defendant's failure to obey this Court’s order of June 7, 2021, compelling production of Defendant's Answers to Interrogatories. See Order of Court dated June 7, 2021, attached hereto as Exhibit A. As sanctions for the defendant's intentional failure to provide the documents ordered, the plaintiffs seek an order stating that the Defendant's affirmative defense of comparative negligence be stricken. Moreover, the plaintiffs seek an award of attorney's fees caused by the failure to comply with the court's order to compel production of statements. Mass.R.Civ.P. 37(b) (2). On or about June 22, 2021, plaintiff's counsel contacted the Defendant's counsel asking when she could expect the documents cc ordered by the court to be produced. Plaintiff's counsel was advised the signed answers have not been received from the Defendant as of that date. It was requested that the unsigned answers be sent and supplemented with the Defendant's signature when received. To this date Plaintiff has not received any further communication from Defendant or counsel ARGUMENT The provisions of Mass.R.Civ.P. 37 state that a party who fails to make discovery as ordered by the court under Mass .R.Civ.P 37(a) pursuant to a motion to compel discovery is subject to sanctions by the court. These sanctions may include an order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibiting him from introducing designated matters in evidence. Mass.R.Civ.P. 37(b) (2) {(B). Moreover, said disobedient party may be ordered by the court to pay the reasonable attorney’s fees incurred by the non-offending party caused by the failure to obey. On the basis of the foregoing, plaintiff submits that it is appropriate that the court order sanctions on behalf of the plaintiff for defendant’s willful violation of the court’s order to Compel production of Interrogatories. WHEREFORE, the plaintiff moves this Honorable Court for an order as follows due to the defendant’s failure to obey this