On April 06, 2023 a
Party Discovery
was filed
involving a dispute between
Daisha Perry,
and
David Greer,
D. Crawfowrds, Llc,
John Doe Corporation,
for TORT-M.V. ACCIDENT
in the District Court of Cuyahoga County.
Preview
Motion No. 5133382
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION TO...
November 27,2023 12:18
By: MICHAEL EDWARD LYFORD 0079235
Confirmation Nbr. 3026239
DAISHA PERRY CV 23 977659
vs.
Judge: JOHND. SUTULA
DAVID GREER, ET AL.
Pages Filed: 4
Electronically Filed 11/27/2023 12:18 / MOTION / CV 23 977659 / Confirmation Nbr. 3026239 / CLAMW
ML/ml November 21, 2023 23910706001
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
DAISHA PERRY CASE NO. CV-23-977659
Plaintiff, JUDGE JOHN SUTULA
vs. MOTION TO COMPEL ANSWERS TO
INTERROGATORIES AND REQUEST FOR
DAVID GREER, et al. PRODUCTION OF DOCUMENTS
Defendants.
Defendant David Greer, by and through counsel, moves this Court pursuant to Rules 33, 34
and 37(D) of the Ohio Rules of Civil Procedure for an order compelling Plaintiff Daisha Perry to
provide Answers to Interrogatories and to produce documents. A memorandum in support of this
motion is attached hereto and incorporated herein by reference.
Attorney for Defendant
David Greer
By: /s/ Michael E. Lyford
Michael E. Lyford (0079235)
P.O. Box 6836
Scranton, PA 18505-6836
Phone: (216) 861-2601
Fax: (603) 334-9543
michael.lyford@libertymutual.com
Electronically Filed 11/27/2023 12:18 / MOTION / CV 23 977659 / Confirmation Nbr. 3026239 / CLAMW
CERTIFICATE OF SERVICE
A copy of the foregoing was served this 27th day of November, 2023, through the Court’s
Electronic Filing Service as applicable and/or by ordinary U.S. mail, upon:
BRIAN P. SCHERF
SERGEY K. KATS
Kats Law, LLC
675 Northfield Road
Bedford, Ohio 44146
Attorneys for Plaintiff
____ /s/ Michael E. Lyford
Michael E. Lyford (0079235)
Attorney for Defendant
Electronically Filed 11/27/2023 12:18 / MOTION / CV 23 977659 / Confirmation Nbr. 3026239 / CLAMW
2
BRIEF
FACTS
On May 10, 2023 David Greer, filed and served certain Interrogatories to be answered by
Plaintiff and Request for Production of Documents to be provided by Plaintiff pursuant to Rules 33
and 34. On July 6, 2023 the undersigned counsel sent a letter to Plaintiff’s attorney requesting this
information. On July 20, 2023 the undersigned counsel sent another letter to Plaintiff’s attorney
requesting this information.
On September 13, 2023 Plaintiff emailed Plaintiff’s counsel asking when he could provide
discovery responses. Plaintiff’s counsel did not respond to the email.
On October 9, 2023, undersigned spoke to Plaintiffs counsel on the phone. He indicated
he would send discovery responses soon.
As of this date, no answers or requested documents have been received from Plaintiff. Ohio
Rules of Civil Procedure, Rule 37(D) states in pertinent part:
D. Failure of a party...(2) to serve answers or objections to
interrogatories submitted under Rule 33, after proper service of the
interrogatories, or (3) to serve a written response to a request for
inspection submitted under Rule 34, after proper service of the
request, the court in which the action is pending on motion and
notice may make such orders in regard to the failure as are just and
among others that may take any action authorized under subsections
(a), (b), and (c) of subdivision (B)(2) of this rule. In lieu of any order
or in addition thereto, the court shall require the party failing to act
or the attorney advising him or both to pay the reasonable expenses,
including attorney's fees, caused by the failure, unless the court
expressly finds that the failure was substantially justified or that other
circumstances make an award of expenses unjust.
If the purpose of discovery is to be achieved and the issues are to be illuminated, free access
to facts and documents is an essential consideration in dealing with the discovery process. The
achievement of this objective is of the utmost priority, thus, there is good cause shown for requiring
Plaintiff to produce said answers and documents.
Electronically Filed 11/27/2023 12:18 / MOTION / CV 23 977659 / Confirmation Nbr. 3026239 / CLAMW
3
WHEREFORE, Defendant David Greer prays that this Court enter an order compelling
Plaintiff Daisha Perry, to provide answers to interrogatories and the requested documents within
fourteen (14) days of the Court ruling on this Motion.
Respectfully submitted,
____ /s/ Michael E. Lyford
Michael E. Lyford (0079235)
Attorney for Defendant
Electronically Filed 11/27/2023 12:18 / MOTION / CV 23 977659 / Confirmation Nbr. 3026239 / CLAMW
4
Document Filed Date
November 27, 2023
Case Filing Date
April 06, 2023
Category
TORT-M.V. ACCIDENT
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Motion No. 5133382 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION TO... November 27,2023 12:18 By: MICHAEL EDWARD LYFORD 0079235 Confirmation Nbr. 3026239 DAISHA PERRY CV 23 977659 vs. Judge: JOHND. SUTULA DAVID GREER, ET AL. Pages Filed: 4 Electronically Filed 11/27/2023 12:18 / MOTION / CV 23 977659 / Confirmation Nbr. 3026239 / CLAMW ML/ml November 21, 2023 23910706001 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO DAISHA PERRY CASE NO. CV-23-977659 Plaintiff, JUDGE JOHN SUTULA vs. MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR DAVID GREER, et al. PRODUCTION OF DOCUMENTS Defendants. Defendant David Greer, by and through counsel, moves this Court pursuant to Rules 33, 34 and 37(D) of the Ohio Rules of Civil Procedure for an order compelling Plaintiff Daisha Perry to provide Answers to Interrogatories and to produce documents. A memorandum in support of this motion is attached hereto and incorporated herein by reference. Attorney for Defendant David Greer By: /s/ Michael E. Lyford Michael E. Lyford (0079235) P.O. Box 6836 Scranton, PA 18505-6836 Phone: (216) 861-2601 Fax: (603) 334-9543 michael.lyford@libertymutual.com Electronically Filed 11/27/2023 12:18 / MOTION / CV 23 977659 / Confirmation Nbr. 3026239 / CLAMW CERTIFICATE OF SERVICE A copy of the foregoing was served this 27th day of November, 2023, through the Court’s Electronic Filing Service as applicable and/or by ordinary U.S. mail, upon: BRIAN P. SCHERF SERGEY K. KATS Kats Law, LLC 675 Northfield Road Bedford, Ohio 44146 Attorneys for Plaintiff ____ /s/ Michael E. Lyford Michael E. Lyford (0079235) Attorney for Defendant Electronically Filed 11/27/2023 12:18 / MOTION / CV 23 977659 / Confirmation Nbr. 3026239 / CLAMW 2 BRIEF FACTS On May 10, 2023 David Greer, filed and served certain Interrogatories to be answered by Plaintiff and Request for Production of Documents to be provided by Plaintiff pursuant to Rules 33 and 34. On July 6, 2023 the undersigned counsel sent a letter to Plaintiff’s attorney requesting this information. On July 20, 2023 the undersigned counsel sent another letter to Plaintiff’s attorney requesting this information. On September 13, 2023 Plaintiff emailed Plaintiff’s counsel asking when he could provide discovery responses. Plaintiff’s counsel did not respond to the email. On October 9, 2023, undersigned spoke to Plaintiffs counsel on the phone. He indicated he would send discovery responses soon. As of this date, no answers or requested documents have been received from Plaintiff. Ohio Rules of Civil Procedure, Rule 37(D) states in pertinent part: D. Failure of a party...(2) to serve answers or objections to interrogatories submitted under Rule 33, after proper service of the interrogatories, or (3) to serve a written response to a request for inspection submitted under Rule 34, after proper service of the request, the court in which the action is pending on motion and notice may make such orders in regard to the failure as are just and among others that may take any action authorized under subsections (a), (b), and (c) of subdivision (B)(2) of this rule. In lieu of any order or in addition thereto, the court shall require the party failing to act or the attorney advising him or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court expressly finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. If the purpose of discovery is to be achieved and the issues are to be illuminated, free access to facts and documents is an essential consideration in dealing with the discovery process. The achievement of this objective is of the utmost priority, thus, there is good cause shown for requiring Plaintiff to produce said answers and documents. Electronically Filed 11/27/2023 12:18 / MOTION / CV 23 977659 / Confirmation Nbr. 3026239 / CLAMW 3 WHEREFORE, Defendant David Greer prays that this Court enter an order compelling Plaintiff Daisha Perry, to provide answers to interrogatories and the requested documents within fourteen (14) days of the Court ruling on this Motion. Respectfully submitted, ____ /s/ Michael E. Lyford Michael E. Lyford (0079235) Attorney for Defendant Electronically Filed 11/27/2023 12:18 / MOTION / CV 23 977659 / Confirmation Nbr. 3026239 / CLAMW 4