Nature of Proceedings: Motion Strike
Motion for Order Striking the Answers of Defendants for Failing to Comply with Discovery Order
RULING
Plaintiff’s motion for an order striking Tibbins answer is granted; the motion as to Marshall is denied.
BACKGROUND
Defendant Laurarose Tibbin was the office manager for plaintiff Rogers, Sheffield & Campbell, LLP. During her employment, defendant embezzled more than $339,000 from plaintiff. On November 9, 2009, defendant pled “no contest” to embezzlement and tax fraud charges. She is currently serving a four year, eight month sentence in state prison. In this action, plaintiff seeks damages against Tibbin and her live-in companion, defendant David Marshall. The claims against Marshall are for fraudulent transfer liability.
On March 23, 2010, plaintiff served Tibbin and Marshall with separate sets of form interrogatories, requests for admission, and demands for production of documents. Although Tibbin remained out on bail from the
Hearing Date
August 24, 2010
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Nature of Proceedings: Motion Strike
Motion for Order Striking the Answers of Defendants for Failing to Comply with Discovery Order
RULING
Plaintiff’s motion for an order striking Tibbins answer is granted; the motion as to Marshall is denied.
BACKGROUND
Defendant Laurarose Tibbin was the office manager for plaintiff Rogers, Sheffield & Campbell, LLP. During her employment, defendant embezzled more than $339,000 from plaintiff. On November 9, 2009, defendant pled “no contest” to embezzlement and tax fraud charges. She is currently serving a four year, eight month sentence in state prison. In this action, plaintiff seeks damages against Tibbin and her live-in companion, defendant David Marshall. The claims against Marshall are for fraudulent transfer liability.
On March 23, 2010, plaintiff served Tibbin and Marshall with separate sets of form interrogatories, requests for admission, and demands for production of documents. Although Tibbin remained out on bail from the