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Filed: 2/27/2024 9:23 AM
Clerk
Allen County, Indiana
KS
STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT
) SS:
COUNTY OF ALLEN ) CAUSE NO. 02D03-2301-CT-000059
JULIO MONDRAGON and )
MARIA DEL CARMEN DE LA )
CRUZ GONZALEZ, As )
Co-Personal Representatives of )
The ESTATE OF REBECA )
GARCIA SALAZAR, )
)
Plaintiff, )
)
vs. )
)
RONGOS, INC., )
)
Defendant. )
DEFENDANT’S MOTION TO COMPEL DISCOVERY
The Defendant, Rongos, Inc., by counsel, and pursuant to Indiana Trial
Rule 37, moves the Court for an Order compelling responses to discovery. In
support of its Motion, the Defendant states:
1. Plaintiff filed its Complaint For Wrongful Death on January 23, 2023.
2. On June 12, 2023, Defendant’s First Set of Interrogatories and First
Request for Production of Documents to Plaintiff, attached hereto as “Exhibit A”,
were served upon Plaintiff’s counsel.
Page 1 of 4
3. On September 14, 2023, the undersigned sent a letter via electronic
mail to Plaintiff’s counsel pursuant to Indiana Trial Rule 26(F) to informally
inquire about Plaintiff’s failure to respond to Defendant’s discovery requests. A
copy of that letter is attached as “Exhibit B.”
4. On October 5, 2023, the undersigned sent another letter via electronic
mail to Plaintiff’s counsel pursuant to Indiana Rule 26(F) to inquire about
Plaintiff’s failure to respond to Defendant’s discovery requests. A copy of that
letter is attached as “Exhibit C”.
5. On January 23, 2024, the undersigned sent another letter via electronic
mail to Plaintiff’s counsel pursuant to Indiana Rule 26(F) to inquire about
Plaintiff’s failure to respond to Defendant’s discovery requests. A copy of that
letter is attached as “Exhibit D”.
6. On February 16, 2024, the undersigned sent another letter via
electronic mail to Plaintiff’s counsel pursuant to Indiana Rule 26(F) to inquire
about Plaintiff’s failure to respond to Defendant’s discovery requests. A copy of
that letter is attached as “Exhibit E”.
Page 2 of 4
7. On February 22, 2024, the undersigned spoke personally with
opposing counsel regarding Plaintiff’s long overdue discovery responses.
8. To date, the Plaintiff has not yet responded to Defendant’s discovery
requests served on June 12, 2023.
9. Due to the Plaintiff’s failure to comply with the Trial Rules, the
Defendant has been unable to gather records which are necessary to move this case
forward. This has set back the progress of the case by at least 7 months (including
the cancellation of one mediation session).
WHEREFORE, the Defendant, Rongos, Inc., by counsel, respectfully
requests that the Court issue an Order compelling Plaintiff within ten (10) days to
fully respond to the outstanding discovery, consisting of the Interrogatories and
Request for Production of Documents (and for all other just and proper relief).
Respectfully submitted,
HUNT SUEDHOFF KEARNEY LLP
/s/ James J. Shea, Sr.
James J. Shea, Sr., Attorney No. 2177-02
803 South Calhoun Street, Suite 900
P. O. Box 11489
Fort Wayne, Indiana 46858-1489
Telephone: (260) 423-1311
Facsimile: (260) 424-5396
ATTORNEYS FOR DEFENDANT
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 27th day of February, 2024, a true and
correct copy of the foregoing Defendant’s Motion to Compel Discovery was served to all
counsel of record, by the Indiana E-Filing System, or other acceptable means of service,
as follows:
Samuel L. Bolinger, Esq.
803 S. Calhoun Street – Suite 300
Fort Wayne, IN 46802
/s/ James J. Shea, Sr.
James J. Shea, Sr.
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Preview
Filed: 2/27/2024 9:23 AM Clerk Allen County, Indiana KS STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT ) SS: COUNTY OF ALLEN ) CAUSE NO. 02D03-2301-CT-000059 JULIO MONDRAGON and ) MARIA DEL CARMEN DE LA ) CRUZ GONZALEZ, As ) Co-Personal Representatives of ) The ESTATE OF REBECA ) GARCIA SALAZAR, ) ) Plaintiff, ) ) vs. ) ) RONGOS, INC., ) ) Defendant. ) DEFENDANT’S MOTION TO COMPEL DISCOVERY The Defendant, Rongos, Inc., by counsel, and pursuant to Indiana Trial Rule 37, moves the Court for an Order compelling responses to discovery. In support of its Motion, the Defendant states: 1. Plaintiff filed its Complaint For Wrongful Death on January 23, 2023. 2. On June 12, 2023, Defendant’s First Set of Interrogatories and First Request for Production of Documents to Plaintiff, attached hereto as “Exhibit A”, were served upon Plaintiff’s counsel. Page 1 of 4 3. On September 14, 2023, the undersigned sent a letter via electronic mail to Plaintiff’s counsel pursuant to Indiana Trial Rule 26(F) to informally inquire about Plaintiff’s failure to respond to Defendant’s discovery requests. A copy of that letter is attached as “Exhibit B.” 4. On October 5, 2023, the undersigned sent another letter via electronic mail to Plaintiff’s counsel pursuant to Indiana Rule 26(F) to inquire about Plaintiff’s failure to respond to Defendant’s discovery requests. A copy of that letter is attached as “Exhibit C”. 5. On January 23, 2024, the undersigned sent another letter via electronic mail to Plaintiff’s counsel pursuant to Indiana Rule 26(F) to inquire about Plaintiff’s failure to respond to Defendant’s discovery requests. A copy of that letter is attached as “Exhibit D”. 6. On February 16, 2024, the undersigned sent another letter via electronic mail to Plaintiff’s counsel pursuant to Indiana Rule 26(F) to inquire about Plaintiff’s failure to respond to Defendant’s discovery requests. A copy of that letter is attached as “Exhibit E”. Page 2 of 4 7. On February 22, 2024, the undersigned spoke personally with opposing counsel regarding Plaintiff’s long overdue discovery responses. 8. To date, the Plaintiff has not yet responded to Defendant’s discovery requests served on June 12, 2023. 9. Due to the Plaintiff’s failure to comply with the Trial Rules, the Defendant has been unable to gather records which are necessary to move this case forward. This has set back the progress of the case by at least 7 months (including the cancellation of one mediation session). WHEREFORE, the Defendant, Rongos, Inc., by counsel, respectfully requests that the Court issue an Order compelling Plaintiff within ten (10) days to fully respond to the outstanding discovery, consisting of the Interrogatories and Request for Production of Documents (and for all other just and proper relief). Respectfully submitted, HUNT SUEDHOFF KEARNEY LLP /s/ James J. Shea, Sr. James J. Shea, Sr., Attorney No. 2177-02 803 South Calhoun Street, Suite 900 P. O. Box 11489 Fort Wayne, Indiana 46858-1489 Telephone: (260) 423-1311 Facsimile: (260) 424-5396 ATTORNEYS FOR DEFENDANT Page 3 of 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 27th day of February, 2024, a true and correct copy of the foregoing Defendant’s Motion to Compel Discovery was served to all counsel of record, by the Indiana E-Filing System, or other acceptable means of service, as follows: Samuel L. Bolinger, Esq. 803 S. Calhoun Street – Suite 300 Fort Wayne, IN 46802 /s/ James J. Shea, Sr. James J. Shea, Sr. Page 4 of 4