Plaintiff’s motion to compel responses from defendant Tumbrello to plaintiff’s form interrogatories, sets 1 and 2, is denied without prejudice. Analysis: The motion was served on Tumbrello by mail on 9-17-20. The hearing was originally scheduled for 10-15-20, which is less than 16 court days and 5 calendar days before the hearing. Therefore, the notice was insufficient. Although the hearing was subsequently continued to 10- 20-20 at the plaintiff’s request, the addition of the extra five days does not cure the defect in service. The Court also notes that the proof of service is inconsistent as to whether the motion was served on defendant Balandis. Compare lines 14 through 20 with lines 22-23, the latter of which suggests that the motion may have been mailed only to Tumbrello. Because the motion was not denied on its merits, the plaintiff is free to refile the motion with proper notice.
Hearing Date
October 20, 2020
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Plaintiff’s motion to compel responses from defendant Tumbrello to plaintiff’s form interrogatories, sets 1 and 2, is denied without prejudice. Analysis: The motion was served on Tumbrello by mail on 9-17-20. The hearing was originally scheduled for 10-15-20, which is less than 16 court days and 5 calendar days before the hearing. Therefore, the notice was insufficient. Although the hearing was subsequently continued to 10- 20-20 at the plaintiff’s request, the addition of the extra five days does not cure the defect in service. The Court also notes that the proof of service is inconsistent as to whether the motion was served on defendant Balandis. Compare lines 14 through 20 with lines 22-23, the latter of which suggests that the motion may have been mailed only to Tumbrello. Because the motion was not denied on its merits, the plaintiff is free to refile the motion with proper notice.