Adrienne Levin v. Robert Levin (2014)

MEMORANDUM OF DECISION RE DEFENDANT'S MOTION FOR CLARIFICATION, PENDENTE LITE (# 170.50)

The court issued an order on November 29, 2013 relative to plaintiff's two Motions for Order dated October 1, 2013.

Defendant filed a motion for articulation dated December 6, 2013.   The court clarifies its November 27, 2013 such that defendant shall comply with the plaintiff's requests for production propounded on December 5, 2013 and February 12, 2013.   By way of example the court refers to page 2 of plaintiff's Motion for Order of Compliance Re:  Mandatory Disclosure and Production, specifically:

Request 2:  IRS forms W–2, 1099 and K–1 within the last three years, including those for the past years if the income tax returns for the last year have not been prepared.

Response:  2012 Wells Fargo Form 1099–DIV.

Request 3:  Copies of all pay stubs or other evidence of income for the current year and the last pay stub from the past year.

Response:  Nair & Levin, P.C. pay stubs dated 02/27/13, 12/19/12, 12/31/12, 01/16/13.

The court finds that defendant has not fully responded to request number 2 insofar as he has failed to produce W–2 statements, K–1 statements and the 1099 statements for 2009 and 2010.   The aforementioned documents shall be disclosed.   If said documents do not exist, defendant is ordered to clearly articulate the same.

The court finds that defendant has failed to fully comply with Request 3. The defendant has failed to produce pay stubs or other evidence of income for the current year and the past year.   The aforementioned documents shall be disclosed.   If said documents do not exist, defendant is ordered to clearly articulate the same.

The defendant shall provide all documents responsive to each individual request for production.   If the document(s) in question do not exist, the defendant shall clearly articulate the same in response to the individual request.   Compliance with this order shall be on or before January 21, 2014.

SO ORDERED.

BY THE COURT,

Ficeto, J.

Ficeto, Anna M., J.