Capital One Bank v. Jay Montmeat, Jr. (2012)

MEMORANDUM OF DECISION RE MOTION TO COMPEL (# 131)

This motion raises issues with regard to the plaintiff's response to the defendant's second set of interrogatories dated December 14, 2011 (entry # 121).   The defendant raises an issue with regard to whether or not the responses to these interrogatories were properly filed in accordance with the Practice Book § 13–7 which requires “any such interrogatories shall be answered under oath by the party to whom directed.”   The interrogatories in question contained a signature from Fran Steinberg certifying that she “had reviewed the foregoing responses and I hereby certify that they are true and correct to the best of my knowledge and belief.”   For purposes of compliance with these interrogatories, the court finds that this is a satisfactory manner in which file responses and no further steps need be taken.

The plaintiff's objections to Interrogatories 1, 2, 3, 4, 6, 9 and 10 are sustained.   With regard to Interrogatory 5, the plaintiff is ordered to provide the business address of Fran Steinberg.   With regard to Interrogatory 7, the plaintiff is ordered to identify those individuals who they may call as fact witnesses in this trial.

Cosgrove, J.

Cosgrove, Emmet L., J.