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Motion No. 5131983
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION TO...
November 17,2023 10:31
By: ALLISON E. HAYES 0087056
Confirmation Nbr. 3020565
STEPHANIE BALLI CV 23 982000
vs.
Judge: WILLIAM T MCGINTY
KENNETH TORO
Pages Filed: 6
Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ
AH/lm November 16, 2023 LH327-046608771-0001
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
STEPHANIE BALLI CASE NO. CV-23-982000
Plaintiff, JUDGE WILLIAM MCGINTY
vs. MOTION TO COMPEL ANSWERS TO
INTERROGATORIES AND REQUEST FOR
KENNETH TORO PRODUCTION OF DOCUMENTS
Defendant.
Now comes Defendant, Kenneth Toro, by and through his attorney, Allison Hayes, and
pursuant to Rules 33, 34 and 37(D) of the Ohio Rules of Civil Procedure hereby moves this Court
for an order compelling Plaintiff, Stephanie Balli, to provide Answers to Interrogatories, to produce
documents, including signed medical authorizations and to award attorney's fees for the preparation
of this Motion to Compel. A memorandum in support of this motion is attached hereto and
incorporated herein by reference.
Attorney for Defendant
By: /s/ Allison Hayes
Allison Hayes (0087056)
P.O. Box 6836
Scranton, PA 18505-6836
Phone: (216) 861-2601
Fax: (603) 334-9543
allison.hayes@libertymutual.com
Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ
CERTIFICATE OF SERVICE
A copy of the foregoing was served this 17th day of November, 2023, through the Court’s
Electronic Filing Service as applicable and/or by ordinary U.S. mail, upon:
JOSEPH J. DARWAL
Obral, Silk & Pal, LLC
55 Public Square, Suite 1700
Cleveland, Ohio 44113
A ttorney for Plain tiff
_____/s/ Allison Hayes
Allison Hayes (0087056)
Attorney for Defendant
Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ
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BRIEF
FACTS
On September 8, 2023, Defendant, Kenneth Toro, 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 October 19, 2023, the undersigned counsel sent a letter to
Plaintiffs attorney requesting this information. (A copy is attached and marked Exhibit “A”.) On
November 2, 2023, the undersigned counsel sent another letter to Plaintiff's attorney requesting this
information. (A copy is attached and marked Exhibit “B”.)
As of this date, no answers, requested documents or signed medical authorizations 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.
WHEREFORE, Defendant prays that this Court enter an order compelling Plaintiff,
Stephanie Balli, to provide answers to interrogatories, the requested documents and signed medical
Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ
3
authorizations within fourteen (14) days and to award Defendant's attorney's fees for preparation of
this Motion to Compel due to the unjustifiability of Plaintiffs actions.
Respectfully submitted,
_____/s/ Allison Hayes________
Allison Hayes (0087056)
Attorney for Defendant
Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ
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LIBERTY MUTUAL GROUP FIELD LEGAL OFFICES
A STAFF LEGAL OFFICE OF THE LIBERTY MUTUAL GROUP
OF INSURANCE COMPANIES
NOT A PARTNERSHIP OR PROFESSIONAL CORPORATION
STAFF ATTORNEYS ARE EMPLOYEES OF
THE LIBERTY MUTUAL GROUP, INC.
RAYMOND DECKER, JR. Telephone: 216-861-2601
Resident Managing Attorney Mailing Address Fax: 603-334-9543
P.O. Box 6836
STEPHEN J. YEARGIN Scranton, PA 18505-6836
MICHAEL E. LYFORD
ALLISON E. HAYES Physical Address
JAMIE SNOW 6060 Rockside Woods Blvd., Suite 131
VICTORIA BARTO Independence, OH 44131
SCOTT J. DAVIS IndependenceMail@LibertyMutual.com
October 19, 2023
Joseph J. Darwal, Esq.
55 Public Square, Suite 1700
Cleveland, OH 44113
Re: Stephanie Balli v. Kenneth Toro
Cuyahoga County Court Of Common Pleas
Case No. CV-23-982000
Claim No. LH327-046608771-0001
Dear Mr. Darwal,
This file came up on my diary with regard to discovery served upon your client on September 8,
2023. To date, I have not received any responses. Please forward the responses together with the
signed and dated medical authorizations to me as soon as possible.
Thank you for your prompt time and attention to this matter.
Sincerely,
Allison Hayes
allison.hayes@libertymutual.com
(216) 314-4496
AH/lm
EXHIBIT A
Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ
LIBERTY MUTUAL GROUP FIELD LEGAL OFFICES
A STAFF LEGAL OFFICE OF THE LIBERTY MUTUAL GROUP
OF INSURANCE COMPANIES
NOT A PARTNERSHIP OR PROFESSIONAL CORPORATION
STAFF ATTORNEYS ARE EMPLOYEES OF
THE LIBERTY MUTUAL GROUP, INC.
RAYMOND DECKER, JR. Telephone: 216-861-2601
Resident Managing Attorney Mailing Address Fax: 603-334-9543
P.O. Box 6836
STEPHEN J. YEARGIN Scranton, PA 18505-6836
MICHAEL E. LYFORD
ALLISON E. HAYES Physical Address
JAMIE SNOW 6060 Rockside Woods Blvd., Suite 131
VICTORIA BARTO Independence, OH 44131
SCOTT J. DAVIS
IndependenceMail@LibertvMutual.com
November 2, 2023
Joseph J. Darwal, Esq.
55 Public Square, Suite 1700
Cleveland, OH 44113
Re: Stephanie Balli v. Kenneth Toro
Cuyahoga County Court Of Common Pleas
Case No. CV-23-982000
Claim No. LH327-046608771-0001
Dear Mr. Darwal:
On October 19, 2023, I wrote requesting answers to Interrogatories and Request for Production of
Documents which were served upon you on or about September 8, 2023. As of this date, I have not
received your answers nor responses. Please forward the answers, requested documents and signed,
dated medical authorizations to the undersigned within ten days of receipt of this letter or I will be
forced to file the appropriate Motion to Compel.
If you have any questions regarding the above, please do not hesitate to contact me.
Allison Hayes
alli son. haye s @libertymutual .com
(216) 314-4496
AH/lm
EXHIBIT B
Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ
Preview
Motion No. 5131983 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION TO... November 17,2023 10:31 By: ALLISON E. HAYES 0087056 Confirmation Nbr. 3020565 STEPHANIE BALLI CV 23 982000 vs. Judge: WILLIAM T MCGINTY KENNETH TORO Pages Filed: 6 Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ AH/lm November 16, 2023 LH327-046608771-0001 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO STEPHANIE BALLI CASE NO. CV-23-982000 Plaintiff, JUDGE WILLIAM MCGINTY vs. MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR KENNETH TORO PRODUCTION OF DOCUMENTS Defendant. Now comes Defendant, Kenneth Toro, by and through his attorney, Allison Hayes, and pursuant to Rules 33, 34 and 37(D) of the Ohio Rules of Civil Procedure hereby moves this Court for an order compelling Plaintiff, Stephanie Balli, to provide Answers to Interrogatories, to produce documents, including signed medical authorizations and to award attorney's fees for the preparation of this Motion to Compel. A memorandum in support of this motion is attached hereto and incorporated herein by reference. Attorney for Defendant By: /s/ Allison Hayes Allison Hayes (0087056) P.O. Box 6836 Scranton, PA 18505-6836 Phone: (216) 861-2601 Fax: (603) 334-9543 allison.hayes@libertymutual.com Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ CERTIFICATE OF SERVICE A copy of the foregoing was served this 17th day of November, 2023, through the Court’s Electronic Filing Service as applicable and/or by ordinary U.S. mail, upon: JOSEPH J. DARWAL Obral, Silk & Pal, LLC 55 Public Square, Suite 1700 Cleveland, Ohio 44113 A ttorney for Plain tiff _____/s/ Allison Hayes Allison Hayes (0087056) Attorney for Defendant Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ 2 BRIEF FACTS On September 8, 2023, Defendant, Kenneth Toro, 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 October 19, 2023, the undersigned counsel sent a letter to Plaintiffs attorney requesting this information. (A copy is attached and marked Exhibit “A”.) On November 2, 2023, the undersigned counsel sent another letter to Plaintiff's attorney requesting this information. (A copy is attached and marked Exhibit “B”.) As of this date, no answers, requested documents or signed medical authorizations 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. WHEREFORE, Defendant prays that this Court enter an order compelling Plaintiff, Stephanie Balli, to provide answers to interrogatories, the requested documents and signed medical Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ 3 authorizations within fourteen (14) days and to award Defendant's attorney's fees for preparation of this Motion to Compel due to the unjustifiability of Plaintiffs actions. Respectfully submitted, _____/s/ Allison Hayes________ Allison Hayes (0087056) Attorney for Defendant Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ 4 LIBERTY MUTUAL GROUP FIELD LEGAL OFFICES A STAFF LEGAL OFFICE OF THE LIBERTY MUTUAL GROUP OF INSURANCE COMPANIES NOT A PARTNERSHIP OR PROFESSIONAL CORPORATION STAFF ATTORNEYS ARE EMPLOYEES OF THE LIBERTY MUTUAL GROUP, INC. RAYMOND DECKER, JR. Telephone: 216-861-2601 Resident Managing Attorney Mailing Address Fax: 603-334-9543 P.O. Box 6836 STEPHEN J. YEARGIN Scranton, PA 18505-6836 MICHAEL E. LYFORD ALLISON E. HAYES Physical Address JAMIE SNOW 6060 Rockside Woods Blvd., Suite 131 VICTORIA BARTO Independence, OH 44131 SCOTT J. DAVIS IndependenceMail@LibertyMutual.com October 19, 2023 Joseph J. Darwal, Esq. 55 Public Square, Suite 1700 Cleveland, OH 44113 Re: Stephanie Balli v. Kenneth Toro Cuyahoga County Court Of Common Pleas Case No. CV-23-982000 Claim No. LH327-046608771-0001 Dear Mr. Darwal, This file came up on my diary with regard to discovery served upon your client on September 8, 2023. To date, I have not received any responses. Please forward the responses together with the signed and dated medical authorizations to me as soon as possible. Thank you for your prompt time and attention to this matter. Sincerely, Allison Hayes allison.hayes@libertymutual.com (216) 314-4496 AH/lm EXHIBIT A Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ LIBERTY MUTUAL GROUP FIELD LEGAL OFFICES A STAFF LEGAL OFFICE OF THE LIBERTY MUTUAL GROUP OF INSURANCE COMPANIES NOT A PARTNERSHIP OR PROFESSIONAL CORPORATION STAFF ATTORNEYS ARE EMPLOYEES OF THE LIBERTY MUTUAL GROUP, INC. RAYMOND DECKER, JR. Telephone: 216-861-2601 Resident Managing Attorney Mailing Address Fax: 603-334-9543 P.O. Box 6836 STEPHEN J. YEARGIN Scranton, PA 18505-6836 MICHAEL E. LYFORD ALLISON E. HAYES Physical Address JAMIE SNOW 6060 Rockside Woods Blvd., Suite 131 VICTORIA BARTO Independence, OH 44131 SCOTT J. DAVIS IndependenceMail@LibertvMutual.com November 2, 2023 Joseph J. Darwal, Esq. 55 Public Square, Suite 1700 Cleveland, OH 44113 Re: Stephanie Balli v. Kenneth Toro Cuyahoga County Court Of Common Pleas Case No. CV-23-982000 Claim No. LH327-046608771-0001 Dear Mr. Darwal: On October 19, 2023, I wrote requesting answers to Interrogatories and Request for Production of Documents which were served upon you on or about September 8, 2023. As of this date, I have not received your answers nor responses. Please forward the answers, requested documents and signed, dated medical authorizations to the undersigned within ten days of receipt of this letter or I will be forced to file the appropriate Motion to Compel. If you have any questions regarding the above, please do not hesitate to contact me. Allison Hayes alli son. haye s @libertymutual .com (216) 314-4496 AH/lm EXHIBIT B Electronically Filed 11/17/2023 10:31 / MOTION / CV 23 982000 / Confirmation Nbr. 3020565 / CLJSZ