Preview
Martin Sterling : Court of Common Pleas
: Delaware County
v. :
:
Aminata Kamara :
:
:
: CV-2021-003629
:
ORDER
AND NOW, this day of , 20 , upon consideration of the Defendant's
Motion to Compel Responses to Discovery Requests Addressed to Plaintiff, Martin L. Sterling, it
is hereby ORDERED that the Plaintiff shall provide complete and verified answers to
Defendant's Interrogatories and complete responses to Request for Production of Documents
within twenty (20) days of the date of this Order or risk sanctions as may be appropriate.
BY THE COURT:
______________________________
J.
Hubshman, Flood, Dorn, Kolb & Schweikert
By: Leonard S. Sabato, Esquire
Attorney ID #40968
5165 Campus Drive, Suite 200 Attorney for Defendant
Plymouth Meeting, PA 19462 Aminata Kamara and Samuel Mansary
Telephone #(610) 276-4974
Our File #192426191-001
_____________________________________
Martin Sterling : Court of Common Pleas
: Delaware County
v. :
:
Aminata Kamara :
:
: CV-2021-003629
:
DEFENDANT, AMINATA KAMARA’S, MOTION TO COMPEL PLAINTIFF'S,
MARTIN L. STERLING, RESPONSES TO DISCOVERY REQUESTS
Defendant moves this Honorable Court to enter an Order pursuant to Pa. R.C.P. 4019
compelling Plaintiff, Martin L. Sterling, to answer certain discovery propounded upon them by
Defendant in this matter. In support of this motion, Defendant aver the following:
1. On June 9, 2021, Defendant served Plaintiff's counsel Interrogatories and Request
for Production of Documents to be answered within thirty (30) days. See Exhibit “A” attached
hereto.
2. On July 14, 2021, counsel for Defendant sent correspondence to Plaintiff's
counsel in follow up to the initial request. See Exhibit “B” attached hereto.
3. As of this date, Plaintiff has not fully answered these Interrogatories or Request
for Production of Documents, which is in violation of the Pennsylvania Rules of Civil Procedure.
4. The said Interrogatories are relevant, material and necessary and Defendant will
be prejudiced if full and complete Answers to the Interrogatories are not filed.
5. If Plaintiff do not provide the information requested in the Request for Production
of Documents, Defendant will be severely prejudiced in the defense of this case. The said
Request for Production of Documents are relevant, material and necessary to the defense of this
case
6. Plaintiff's counsel has not provided responses.
WHEREFORE, it is respectfully requested that this Honorable Court enter an Order
directing Plaintiff to file full, complete and specific Answers to Interrogatories and Request for
Production of Documents.
Hubshman, Flood, Dorn, Kolb & Schweikert
/s/ Leonard S. Sabato
By: ________________________________
Leonard S. Sabato, Esquire
Attorney for Defendant
Hubshman, Flood, Dorn, Kolb & Schweikert
By: Leonard S. Sabato, Esquire
Attorney ID #40968
5165 Campus Drive, Suite 200 Attorney for Defendant
Plymouth Meeting, PA 19462 Aminata Kamara and Samuel Mansary
Telephone #(610) 276-4974
Our File #192426191-001
_____________________________________
Martin Sterling : Court of Common Pleas
: Delaware County
v. :
:
Aminata Kamara :
:
: CV-2021-003629
:
DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL
PLAINTIFF'S, MARTIN L. STERLING, RESPONSES TO DISCOVERY REQUESTS
1. Matter before the Court: Before the Court is Defendant's Motion to Compel
Discovery in the form of a Motion to Compel Answers to Interrogatories and Request for
Production of Documents.
2. Statement of Question Involved: Are Defendant entitled to an Order compelling
Plaintiff to answer Interrogatories and Request for Production of Documents where
Interrogatories and Request for Production of Documents were forwarded more than thirty (30)
days ago and are now overdue?
Suggested answer: Yes
3. Facts: On June 9, 2021, Defendant's counsel served Interrogatories and Request
for Production of Documents on counsel for Plaintiff. More than thirty (30) days have now
elapsed and Plaintiff have failed to respond to the requested discovery.
4. Argument: Pa. R.C.P. 4005, titled, Written Interrogatories to a party permits one
party to serve any other party with written interrogatories. Pa. R.C.P. 4006 requires a party to
provide written, verified interrogatories within thirty (30) days after service of the
interrogatories.
Pa. R.C.P. 4009.1, titled, Production of Documents and Things, permits a party to serve
or request upon any party to produce designated documents, including writings, drawings, grafts,
charts, photographs, electronically created data, and other compilations of data from which
information can be obtained. Pa. R.C.P. 4009.12 provides that a party shall respond to said
request within thirty (30) days.
Thirty days have now elapsed since Defendant forwarded Interrogatories and Request for
Production of Documents to Plaintiff and they have failed to respond or otherwise object to
these discovery requests.
5. Relief: Wherefore, Defendant respectfully requests this Court grant the Motion
and issue an Order compelling Plaintiff to respond to Defendant's discovery requests within
twenty (20) days.
Hubshman, Flood, Dorn, Kolb & Schweikert
/s/ Leonard S. Sabato
By: ________________________________
Leonard S. Sabato, Esquire
Attorney for Defendant
Hubshman, Flood, Dorn, Kolb & Schweikert
By: Leonard S. Sabato, Esquire
Attorney ID #40968
5165 Campus Drive, Suite 200 Attorney for Defendant
Plymouth Meeting, PA 19462 Aminata Kamara and Samuel Mansary
Telephone #(610) 276-4974
Our File #192426191-001
_____________________________________
Martin Sterling : Court of Common Pleas
: Delaware County
v. :
:
Aminata Kamara :
:
: CV-2021-003629
:
CERTIFICATE OF SERVICE
I, Leonard S. Sabato, attorney for Defendant, hereby certify that I caused a true and correct
copy of Motion to Compel Responses to Discovery Requests and Memorandum of Law in Support
of the same to be sent via United States, postage prepaid, first class mail to the following:
Murray L. Greenfield, Esquire
Murray L. Greenfield & Associates
9636 Bustleton Avenue
Philadelphia, PA 19115
(215) 677-5300/(215) 677-8625 (F)
Hubshman, Flood, Dorn, Kolb & Schweikert
/s/ Leonard S. Sabato
By: ________________________________
Leonard S. Sabato, Esquire
Attorney for Defendant
Date: 9/17/21
Hubshman, Flood, Dorn, Kolb & Schweikert
By: Leonard S. Sabato, Esquire Attorney for Defendant,
Attorney ID #40968 Aminata Kamara and Samuel Mansary
5165 Campus Drive, Suite 200
Plymouth Meeting, PA 19462
Telephone #(610) 276-4974
Our File #192426191-001
_____________________________________
Martin Sterling : Court of Common Pleas
: Delaware County
v. :
:
Aminata Kamara :
: CV-2021-003629
:
CERTIFICATE OF COMPLIANCE
I, Leonard S. Sabato, attorney for Defendant, Aminata Kamara and Samuel Mansary,
hereby certify that this filing complies with the provisions of the Public Access Policy of the
Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that
require filing confidential information and documents differently than non-confidential
information and documents.
Hubshman, Flood, Dorn, Kolb & Schweikert
/s/ Leonard S. Sabato
By: ________________________________
Leonard S. Sabato, Esquire
Attorney for Defendant
VERIFICATION
I, Leonard S. Sabato, Esquire, aver that I am the attorney for the Defendant in this case,
and I aver that the averments contained in the foregoing pleadings are true and correct to the best
of my knowledge, information and belief; and that the statements therein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
/s/ Leonard S. Sabato
________________________________
Leonard S. Sabato, Esquire
Martin Sterling : Court of Common Pleas
: Delaware County
v. :
:
Aminata Kamara :
:
:
: CV-2021-003629
:
:
:
ATTORNEY CERTIFICATION OF GOOD FAITH
Pursuant to Delaware County Local R.C.P. 208.2(e)
The undersigned counsel for movant hereby certifies and attests that:
x a) Defense counsel has had the contacts described below with opposing
counsel or unrepresented party regarding the discovery matter contained in the foregoing
discovery motion in an effort to resolve the specific discovery dispute(s) at issue and, further,
that despite all counsel’s good faith attempts to resolve the dispute(s), counsel have been unable
to do so.
Description: On June 9, 2021, Interrogatories and Request for Production of
Documents were served upon Plaintiff in accordance with the applicable rules of civil procedure
and the Plaintiff has not responded. On July 14, 2021, a ten day letter was sent to counsel
requesting discovery responses.
____ b) He or she has made a good faith but unsuccessful efforts described below to
contact opposing counsel or unrepresented party in an effort to resolve the discovery dispute.
Description:
CERTIFIED TO THE COURT BY:
/s/ Leonard S. Sabato
By: ________________________________
Leonard S. Sabato, Esquire
Attorney for Defendant
EXHIBIT “A”
HUBSHMAN, FLOOD, DORN, KOLB & SCHWEIKERT
Not a Partnership, Not a Corporation
SALARIED EMPLOYEES OF PROGRESSIVE
CASUALTY INSURANCE COMPANY
5165 CAMPUS DRIVE, SUITE 200
PLYMOUTH MEETING, PA 19462
Leonard S. Sabato, Esquire Legal Assistant: Vickie A. Detwiler
Direct #(610) 276-4974 Direct# (610) 276-4925
Facsimile #(866) 842-1482 vickie_a_detwiler@progressive.com
Leonard_S_Sabato@Progressive.com
June 9, 2021
Via Electronic Mail
Murray L. Greenfield, Esquire
9636 Bustleton Avenue
Philadelphia, PA 19115
RE: Sterling v. Kamara and Mansary
Delaware County Court of Common Pleas No. CV-2021-003629
File No. 192426191-001
Dear Mr. Greenfield:
I represent the Defendant, Aminata Kamara and Samuel Mansary, in the above-captioned
matter. Enclosed please find the following:
Interrogatories Addressed to Plaintiff;
Request for Production Addressed to Plaintiff; and
Notice of Deposition.
I am in the process of preparing a Response to your Complaint, and I anticipate that I will
need an extension to file a responsive pleading. Unless I hear from you to the contrary, I will
assume that you have no objection to such an extension.
If you served any documents on my client, please provide me with a copy. This
would include any Discovery Requests or Requests for Admissions. Unless I am provided
with a copy of the Discovery Requests or Requests for Admissions, it will be assumed they
have not been served.
It is the goal of this office to expedite the resolution of litigation against my clients in an
efficient manner by scheduling video depositions early in the discovery process. With notice
well in advance, I believe that scheduling conflicts can be easily recognized and avoided.
Enclosed is a Notice of Deposition directed to your client to take place via Microsoft Teams
application. I will provide a court reporter at that time. If you would like to depose my client at
the same time, kindly provide me with a Notice of Deposition. If this date is inconvenient, please
contact my office to reschedule the deposition for another date, within fourteen (14) days. If I do not
hear from you within fourteen (14) days of the date of this letter, I will assume that you are agreeable
with the date of the deposition and we will proceed on that date.
Thank you for your anticipated professional courtesies.
Very truly yours,
Leonard S. Sabato, Esquire
LSS/tmw
Enclosure
EXHIBIT “B”
HUBSHMAN, FLOOD, DORN, KOLB & SCHWEIKERT
Not a Partnership, Not a Corporation
SALARIED EMPLOYEES OF PROGRESSIVE
CASUALTY INSURANCE COMPANY
5165 CAMPUS DRIVE, SUITE 200
PLYMOUTH MEETING, PA 19462
Leonard S. Sabato, Esquire Legal Assistant: Vickie A. Detwiler
Direct #(610) 276-4974 Direct# (610) 276-4925
Facsimile #(866) 842-1482 vickie_a_detwiler@progressive.com
Leonard_S_Sabato@Progressive.com
July 14, 2021
Via E-Mail Only
murray@murraygreenfield.com
Murray L. Greenfield, Esquire
Murray L. Greenfield & Associates
RE: Sterling v. Kamara
Delaware County Court of Common Pleas No. CV-2021-003629
File No. 192426191-001
Dear Counsel:
Please allow this correspondence to serve as a follow-up to my previous letter wherein I
enclosed Interrogatories and a Request for Production of Documents addressed to your client.
To date, I have not received your client’s responses.
Please forward your client’s discovery responses within ten days from the date of this
letter, or I will file a Motion to Compel.
Thank you for your anticipated cooperation with regard to this matter.
Very truly yours,
Tremayne M Wilson
Tremayne M Wilson, Administrative Assistant for
Leonard S. Sabato, Esquire
tmw
Preview
Martin Sterling : Court of Common Pleas : Delaware County v. : : Aminata Kamara : : : : CV-2021-003629 : ORDER AND NOW, this day of , 20 , upon consideration of the Defendant's Motion to Compel Responses to Discovery Requests Addressed to Plaintiff, Martin L. Sterling, it is hereby ORDERED that the Plaintiff shall provide complete and verified answers to Defendant's Interrogatories and complete responses to Request for Production of Documents within twenty (20) days of the date of this Order or risk sanctions as may be appropriate. BY THE COURT: ______________________________ J. Hubshman, Flood, Dorn, Kolb & Schweikert By: Leonard S. Sabato, Esquire Attorney ID #40968 5165 Campus Drive, Suite 200 Attorney for Defendant Plymouth Meeting, PA 19462 Aminata Kamara and Samuel Mansary Telephone #(610) 276-4974 Our File #192426191-001 _____________________________________ Martin Sterling : Court of Common Pleas : Delaware County v. : : Aminata Kamara : : : CV-2021-003629 : DEFENDANT, AMINATA KAMARA’S, MOTION TO COMPEL PLAINTIFF'S, MARTIN L. STERLING, RESPONSES TO DISCOVERY REQUESTS Defendant moves this Honorable Court to enter an Order pursuant to Pa. R.C.P. 4019 compelling Plaintiff, Martin L. Sterling, to answer certain discovery propounded upon them by Defendant in this matter. In support of this motion, Defendant aver the following: 1. On June 9, 2021, Defendant served Plaintiff's counsel Interrogatories and Request for Production of Documents to be answered within thirty (30) days. See Exhibit “A” attached hereto. 2. On July 14, 2021, counsel for Defendant sent correspondence to Plaintiff's counsel in follow up to the initial request. See Exhibit “B” attached hereto. 3. As of this date, Plaintiff has not fully answered these Interrogatories or Request for Production of Documents, which is in violation of the Pennsylvania Rules of Civil Procedure. 4. The said Interrogatories are relevant, material and necessary and Defendant will be prejudiced if full and complete Answers to the Interrogatories are not filed. 5. If Plaintiff do not provide the information requested in the Request for Production of Documents, Defendant will be severely prejudiced in the defense of this case. The said Request for Production of Documents are relevant, material and necessary to the defense of this case 6. Plaintiff's counsel has not provided responses. WHEREFORE, it is respectfully requested that this Honorable Court enter an Order directing Plaintiff to file full, complete and specific Answers to Interrogatories and Request for Production of Documents. Hubshman, Flood, Dorn, Kolb & Schweikert /s/ Leonard S. Sabato By: ________________________________ Leonard S. Sabato, Esquire Attorney for Defendant Hubshman, Flood, Dorn, Kolb & Schweikert By: Leonard S. Sabato, Esquire Attorney ID #40968 5165 Campus Drive, Suite 200 Attorney for Defendant Plymouth Meeting, PA 19462 Aminata Kamara and Samuel Mansary Telephone #(610) 276-4974 Our File #192426191-001 _____________________________________ Martin Sterling : Court of Common Pleas : Delaware County v. : : Aminata Kamara : : : CV-2021-003629 : DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL PLAINTIFF'S, MARTIN L. STERLING, RESPONSES TO DISCOVERY REQUESTS 1. Matter before the Court: Before the Court is Defendant's Motion to Compel Discovery in the form of a Motion to Compel Answers to Interrogatories and Request for Production of Documents. 2. Statement of Question Involved: Are Defendant entitled to an Order compelling Plaintiff to answer Interrogatories and Request for Production of Documents where Interrogatories and Request for Production of Documents were forwarded more than thirty (30) days ago and are now overdue? Suggested answer: Yes 3. Facts: On June 9, 2021, Defendant's counsel served Interrogatories and Request for Production of Documents on counsel for Plaintiff. More than thirty (30) days have now elapsed and Plaintiff have failed to respond to the requested discovery. 4. Argument: Pa. R.C.P. 4005, titled, Written Interrogatories to a party permits one party to serve any other party with written interrogatories. Pa. R.C.P. 4006 requires a party to provide written, verified interrogatories within thirty (30) days after service of the interrogatories. Pa. R.C.P. 4009.1, titled, Production of Documents and Things, permits a party to serve or request upon any party to produce designated documents, including writings, drawings, grafts, charts, photographs, electronically created data, and other compilations of data from which information can be obtained. Pa. R.C.P. 4009.12 provides that a party shall respond to said request within thirty (30) days. Thirty days have now elapsed since Defendant forwarded Interrogatories and Request for Production of Documents to Plaintiff and they have failed to respond or otherwise object to these discovery requests. 5. Relief: Wherefore, Defendant respectfully requests this Court grant the Motion and issue an Order compelling Plaintiff to respond to Defendant's discovery requests within twenty (20) days. Hubshman, Flood, Dorn, Kolb & Schweikert /s/ Leonard S. Sabato By: ________________________________ Leonard S. Sabato, Esquire Attorney for Defendant Hubshman, Flood, Dorn, Kolb & Schweikert By: Leonard S. Sabato, Esquire Attorney ID #40968 5165 Campus Drive, Suite 200 Attorney for Defendant Plymouth Meeting, PA 19462 Aminata Kamara and Samuel Mansary Telephone #(610) 276-4974 Our File #192426191-001 _____________________________________ Martin Sterling : Court of Common Pleas : Delaware County v. : : Aminata Kamara : : : CV-2021-003629 : CERTIFICATE OF SERVICE I, Leonard S. Sabato, attorney for Defendant, hereby certify that I caused a true and correct copy of Motion to Compel Responses to Discovery Requests and Memorandum of Law in Support of the same to be sent via United States, postage prepaid, first class mail to the following: Murray L. Greenfield, Esquire Murray L. Greenfield & Associates 9636 Bustleton Avenue Philadelphia, PA 19115 (215) 677-5300/(215) 677-8625 (F) Hubshman, Flood, Dorn, Kolb & Schweikert /s/ Leonard S. Sabato By: ________________________________ Leonard S. Sabato, Esquire Attorney for Defendant Date: 9/17/21 Hubshman, Flood, Dorn, Kolb & Schweikert By: Leonard S. Sabato, Esquire Attorney for Defendant, Attorney ID #40968 Aminata Kamara and Samuel Mansary 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4974 Our File #192426191-001 _____________________________________ Martin Sterling : Court of Common Pleas : Delaware County v. : : Aminata Kamara : : CV-2021-003629 : CERTIFICATE OF COMPLIANCE I, Leonard S. Sabato, attorney for Defendant, Aminata Kamara and Samuel Mansary, hereby certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents. Hubshman, Flood, Dorn, Kolb & Schweikert /s/ Leonard S. Sabato By: ________________________________ Leonard S. Sabato, Esquire Attorney for Defendant VERIFICATION I, Leonard S. Sabato, Esquire, aver that I am the attorney for the Defendant in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. /s/ Leonard S. Sabato ________________________________ Leonard S. Sabato, Esquire Martin Sterling : Court of Common Pleas : Delaware County v. : : Aminata Kamara : : : : CV-2021-003629 : : : ATTORNEY CERTIFICATION OF GOOD FAITH Pursuant to Delaware County Local R.C.P. 208.2(e) The undersigned counsel for movant hereby certifies and attests that: x a) Defense counsel has had the contacts described below with opposing counsel or unrepresented party regarding the discovery matter contained in the foregoing discovery motion in an effort to resolve the specific discovery dispute(s) at issue and, further, that despite all counsel’s good faith attempts to resolve the dispute(s), counsel have been unable to do so. Description: On June 9, 2021, Interrogatories and Request for Production of Documents were served upon Plaintiff in accordance with the applicable rules of civil procedure and the Plaintiff has not responded. On July 14, 2021, a ten day letter was sent to counsel requesting discovery responses. ____ b) He or she has made a good faith but unsuccessful efforts described below to contact opposing counsel or unrepresented party in an effort to resolve the discovery dispute. Description: CERTIFIED TO THE COURT BY: /s/ Leonard S. Sabato By: ________________________________ Leonard S. Sabato, Esquire Attorney for Defendant EXHIBIT “A” HUBSHMAN, FLOOD, DORN, KOLB & SCHWEIKERT Not a Partnership, Not a Corporation SALARIED EMPLOYEES OF PROGRESSIVE CASUALTY INSURANCE COMPANY 5165 CAMPUS DRIVE, SUITE 200 PLYMOUTH MEETING, PA 19462 Leonard S. Sabato, Esquire Legal Assistant: Vickie A. Detwiler Direct #(610) 276-4974 Direct# (610) 276-4925 Facsimile #(866) 842-1482 vickie_a_detwiler@progressive.com Leonard_S_Sabato@Progressive.com June 9, 2021 Via Electronic Mail Murray L. Greenfield, Esquire 9636 Bustleton Avenue Philadelphia, PA 19115 RE: Sterling v. Kamara and Mansary Delaware County Court of Common Pleas No. CV-2021-003629 File No. 192426191-001 Dear Mr. Greenfield: I represent the Defendant, Aminata Kamara and Samuel Mansary, in the above-captioned matter. Enclosed please find the following: Interrogatories Addressed to Plaintiff; Request for Production Addressed to Plaintiff; and Notice of Deposition. I am in the process of preparing a Response to your Complaint, and I anticipate that I will need an extension to file a responsive pleading. Unless I hear from you to the contrary, I will assume that you have no objection to such an extension. If you served any documents on my client, please provide me with a copy. This would include any Discovery Requests or Requests for Admissions. Unless I am provided with a copy of the Discovery Requests or Requests for Admissions, it will be assumed they have not been served. It is the goal of this office to expedite the resolution of litigation against my clients in an efficient manner by scheduling video depositions early in the discovery process. With notice well in advance, I believe that scheduling conflicts can be easily recognized and avoided. Enclosed is a Notice of Deposition directed to your client to take place via Microsoft Teams application. I will provide a court reporter at that time. If you would like to depose my client at the same time, kindly provide me with a Notice of Deposition. If this date is inconvenient, please contact my office to reschedule the deposition for another date, within fourteen (14) days. If I do not hear from you within fourteen (14) days of the date of this letter, I will assume that you are agreeable with the date of the deposition and we will proceed on that date. Thank you for your anticipated professional courtesies. Very truly yours, Leonard S. Sabato, Esquire LSS/tmw Enclosure EXHIBIT “B” HUBSHMAN, FLOOD, DORN, KOLB & SCHWEIKERT Not a Partnership, Not a Corporation SALARIED EMPLOYEES OF PROGRESSIVE CASUALTY INSURANCE COMPANY 5165 CAMPUS DRIVE, SUITE 200 PLYMOUTH MEETING, PA 19462 Leonard S. Sabato, Esquire Legal Assistant: Vickie A. Detwiler Direct #(610) 276-4974 Direct# (610) 276-4925 Facsimile #(866) 842-1482 vickie_a_detwiler@progressive.com Leonard_S_Sabato@Progressive.com July 14, 2021 Via E-Mail Only murray@murraygreenfield.com Murray L. Greenfield, Esquire Murray L. Greenfield & Associates RE: Sterling v. Kamara Delaware County Court of Common Pleas No. CV-2021-003629 File No. 192426191-001 Dear Counsel: Please allow this correspondence to serve as a follow-up to my previous letter wherein I enclosed Interrogatories and a Request for Production of Documents addressed to your client. To date, I have not received your client’s responses. Please forward your client’s discovery responses within ten days from the date of this letter, or I will file a Motion to Compel. Thank you for your anticipated cooperation with regard to this matter. Very truly yours, Tremayne M Wilson Tremayne M Wilson, Administrative Assistant for Leonard S. Sabato, Esquire tmw