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AY
COMMONWEALTH OF MASSACHUSETTS
BRISTOL, SS. SUPERIOR COURT
CIVIL ACTION No. 16-00923
JOSE F. ROCHA and
EVANGELINA ROCHA,
Plaintiffs,
Vv.
BRISTOL, SS SUPERIOR COURT
WALSH CONSTRUCTION CO., FILED
AUG
Defendant. 16 2018
v. MARC J. SANTOS, ESQ,
CLERK/MAGISTRATE
LM HEAVY CIVIL CONSTRUCTION, LLC
Third-Party Defendant
DEFENDANT WALSH CONSTRUCTION CO.’S MOTION TO COMPEL RESPONSES
TO DOCUMENT REQUESTS AND REQUEST FOR HEARING
The Defendant, Walsh Construction Co. (“Walsh” and/or “the Defendant”), hereby moves
this Honorable Court to compel response of third-party defendant LM Heavy Civil Construction,
LLC (“LMH”) to Defendant Walsh’ document requests. In support of this Motion, Walsh states
as follows:
1, On May 29, 2018, the defendant served its First Set of Requests for Production of
Documents upon the Third-Party Defendant, LM Heavy Civil Construction, LLC. A copy
is attached at Tab 1.
2. On May 30, 2018, the defendant served its Second Set of Requests for Production of
Documents upon the Third-Party Defendant, LM Heavy Civil Construction, LLC. A copy
is attached at Tab 2.
3. To date, however, undersigned counsel has not received any written responses or
1303860v.1documents in response to the above-referenced documents requests. See Affidavit of
Christine A. Knipper, attached at Tab 3.
4. Counsel for the defendant has reached out to counsel for the Third-Party Defendant on
multiple occasions to conduct a Rule 9C conference regarding overdue discovery responses
but Has received no response. See Affidavit of Christine A. Knipper, attached at Tab 3.
5. Third-Party Defendant, LM Heavy Civil Construction, LLC should be compelled to
provide written responses and responsive documents. See Mass.R.Civ.P. 34.
WHEREFORE, this Court should enter an Order that third-party defendant LM Heavy
. Civil Construction, LLC provide responses within ten days of the date of the Court’s Order to
defendant’s document requests, and such other relief as the Court deems appropriate.
REQUEST FOR HEARING
Pursuant to Superior Court Rule 9A, the Defendant requests a hearing on this motion in the
event it is opposed.
Respectfully Submitted,
Defendant,
Walsh Construction Company,
By its attorneys,
Qe
Chrigtine A. Knipper, BBO#652638
Ign W. Canne, BBO#688275
WILSON, ELSER, MOSKOWITZ,
EDELMAN
& DICKER LLP
260 Franklin Street, 14th Floor
Boston, MA 02110-3112
(617) 422-5300
Jason.canne@wilsonelser.com
1303860v.1CERTIFICATE OF SERVICE
I do hereby certify that on this 20th day of July 2018, I served a true copy of the foregoing
document on the following by first class mail, postage prepaid:
Nicole M. McDonald, Esq.
McDonald Law LLC :
139 South Main Street, Suite 40
Fall River, MA 02721
Robert P. Snell, Esq.
Law Offices of Steven B. Stein
PO Box 2903
Hartford, CT 06104 C) L wu
Jasgy W. Canne
1303860v.1
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AY COMMONWEALTH OF MASSACHUSETTS BRISTOL, SS. SUPERIOR COURT CIVIL ACTION No. 16-00923 JOSE F. ROCHA and EVANGELINA ROCHA, Plaintiffs, Vv. BRISTOL, SS SUPERIOR COURT WALSH CONSTRUCTION CO., FILED AUG Defendant. 16 2018 v. MARC J. SANTOS, ESQ, CLERK/MAGISTRATE LM HEAVY CIVIL CONSTRUCTION, LLC Third-Party Defendant DEFENDANT WALSH CONSTRUCTION CO.’S MOTION TO COMPEL RESPONSES TO DOCUMENT REQUESTS AND REQUEST FOR HEARING The Defendant, Walsh Construction Co. (“Walsh” and/or “the Defendant”), hereby moves this Honorable Court to compel response of third-party defendant LM Heavy Civil Construction, LLC (“LMH”) to Defendant Walsh’ document requests. In support of this Motion, Walsh states as follows: 1, On May 29, 2018, the defendant served its First Set of Requests for Production of Documents upon the Third-Party Defendant, LM Heavy Civil Construction, LLC. A copy is attached at Tab 1. 2. On May 30, 2018, the defendant served its Second Set of Requests for Production of Documents upon the Third-Party Defendant, LM Heavy Civil Construction, LLC. A copy is attached at Tab 2. 3. To date, however, undersigned counsel has not received any written responses or 1303860v.1documents in response to the above-referenced documents requests. See Affidavit of Christine A. Knipper, attached at Tab 3. 4. Counsel for the defendant has reached out to counsel for the Third-Party Defendant on multiple occasions to conduct a Rule 9C conference regarding overdue discovery responses but Has received no response. See Affidavit of Christine A. Knipper, attached at Tab 3. 5. Third-Party Defendant, LM Heavy Civil Construction, LLC should be compelled to provide written responses and responsive documents. See Mass.R.Civ.P. 34. WHEREFORE, this Court should enter an Order that third-party defendant LM Heavy . Civil Construction, LLC provide responses within ten days of the date of the Court’s Order to defendant’s document requests, and such other relief as the Court deems appropriate. REQUEST FOR HEARING Pursuant to Superior Court Rule 9A, the Defendant requests a hearing on this motion in the event it is opposed. Respectfully Submitted, Defendant, Walsh Construction Company, By its attorneys, Qe Chrigtine A. Knipper, BBO#652638 Ign W. Canne, BBO#688275 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 260 Franklin Street, 14th Floor Boston, MA 02110-3112 (617) 422-5300 Jason.canne@wilsonelser.com 1303860v.1CERTIFICATE OF SERVICE I do hereby certify that on this 20th day of July 2018, I served a true copy of the foregoing document on the following by first class mail, postage prepaid: Nicole M. McDonald, Esq. McDonald Law LLC : 139 South Main Street, Suite 40 Fall River, MA 02721 Robert P. Snell, Esq. Law Offices of Steven B. Stein PO Box 2903 Hartford, CT 06104 C) L wu Jasgy W. Canne 1303860v.1