Krista Karch v. Jonathan Lounsbury (2009)

MEMORANDUM OF DECISION RE MOTION FOR RECONSIDERATION (# 125)

I

The Court has reviewed plaintiff's Motion for Reconsideration (# 125) of its decision to award $500.00 in attorneys fees relative to non-compliance with its discovery Order of January 28, 2009.   That discovery Order authored by

In this Motion for Reconsideration and/or Articulation of its Order of April 13, 2009, the plaintiff argues that at the time of Judge Taylor's ruling, dated January 28, she had filed (on January 8, 2009), and there was pending an Objection to Defendant's Interrogatories and Requests for Production (# 114), which included an objection to Interrogatory Number 5. The plaintiff claims that this objection which preceded Judge Taylor's ruling by twenty days, should be interpreted as the filing of “a responsive motion,” as that phrase is used in Judge Taylor's Order.   This Court disagrees.

This Court finds that the plain and logical meaning of Judge Taylor's Order is that the plaintiff had an opportunity to file a motion in response to any additional motion which the defendant was authorized to file alleging non-compliance with his Order.   Clearly an objection to discovery filed on January 8, 2009-twenty days prior to Judge Taylor's Order-cannot qualify as having been filed after the defendant filed her Motion for Nonsuit for Failure to comply with Court Order, filed on March 5, 2009.   Nor was this issue raised at the hearing on the Motion for Nonsuit, held at short calendar on April 13, 2009.

Conclusion

The court orders that payment of the $500 be made within three weeks of the filing of this Memorandum of Decision.

Clarance J. Jones, Judge

FOOTNOTES

FOOTNOTE.  

FOOTNOTE.  

Jones, Clarance J., J.