Lawrence W. Andrea v. III (2013)

RULING ON PLAINTIFF'S MOTION FOR ADDITIONAL DISCLOSURE OF ASSETS (# 138)

By motion dated November 21, 2013, the plaintiff seeks additional disclosure of assets.   By order dated June 3, 2013, the court ordered the defendant to make a full disclosure of assets, including any and all property, real or personal, in which the defendant has an interest, as well as all debts owed to the defendant.   The foregoing was to have been completed by June 17, 2013.   In the motion now before the court, the plaintiff established that the defendant did not make the full disclosure ordered by the court.   The defendant has not, inter alia, disclosed information regarding a limited liability company that he owns;  he has not provided full disclosure regarding his commissions or any other receivables.

The defendant objects to the plaintiff's motion, arguing that his financial position is “meager” and that the plaintiff's request is mean spirited.   He also claims that the plaintiff's request will impose a “significant time commitment[ ] for information plaintiff already possesses.”   The defendant seeks a protective order.

This matter came before the court and was considered on December 9, 2013.   The court, having reviewed the submissions of both parties, concludes that the defendant produced financial information on a selective basis and is not in compliance with this court's order of June 17, 2013.   The defendant will produce to the plaintiff the documents listed below, and he will do so no later than December 30, 2013.   The documents ordered produced must be accompanied by a sworn statement that all documents ordered to be produced have, in fact, been produced.

1. All documents pertaining to any business, including but not limited to, the accounts of Commercial Lenders, LLC and any other company owned by the defendant, as well as personal bank accounts of the defendant or in which the defendant has an interest, including account numbers and addresses for bank offices, checking and savings account statements and cancelled checks for the last one year.

2. All documents pertaining to any matter on which the defendant is currently working from which there are funds due to the defendant, including the names and addresses of the debtors and the amounts alleged to be due.

3. All documents pertaining any matter on which the defendant has worked in the past for which there are still outstanding funds due to the defendant, including names and addresses of the debtors and the amounts alleged to be due.

4. All documents pertaining to any matter in which the defendant has contracted to perform in the future and for which he either has or expects to receive funds, including the names and addresses of the other parties to said contracts and a statement of the sums due, including the dates upon which sums are due and payable.

5. All documents pertaining to any other equipment, furniture, fixtures, inventory or machinery in which the defendant claims an interest.

6. Produce copies of any financial records of any business owned or operated by defendant in the last two years.   Said records will cover the period of January 1, 2012 to the date of this order.

7. Produce copies of all company stocks, bonds and securities owned by the defendant.

8. Produce copies of all insurance policies owned by defendant.

9. Produce copies of any loan applications defendant has executed and/or made from the period of January 1, 2012 to the date of this order including, but not limited to, student loans.

10. Produce copies of defendant's Federal and State income tax returns for the years 2011 and 2012, including any business returns of Commercial Lenders, LLC or any other business owned by the defendant.

The defendant's objection to the plaintiff's motion is overruled.   The defendant's motion for a protective order is denied.

So ordered.

BY THE COURT,

John A. Danaher, III

Danaher, John A., J.