MOTION FOR SANCTIONS RE JOSEPH GYORGY, JR.
The court DENIES Joann Gyorgy Kendall?s (?Joann?s?) motions for issue/evidentiary sanctions against Joseph Gyorgy, Jr. (?Joseph?), but GRANTS the alternative request for an order compelling Joseph to serve verified responses, without objection, to the first sets of Form Interrogatories ? General and Special Interrogatories.
The Form Interrogatories and Special Interrogatories at issue appear to have been properly served on Joseph, by way of his counsel of record (Attorney Michael Bock) before Mr. Bock was permitted to withdraw.? However, it appears undisputed Joseph never served responses to either set of interrogatories.? Notice of this motion was properly served on Mr. Bock when it was filed, Mr. Bock?s notice of order granting withdrawal identified the hearing on this motion and was served on Joseph, and Joann served an amended notice of this motion on Joseph directly.? No opposition has been received.? Joann is therefore entitled to verified responses, without objection.
The court concludes, however, that Joann is not yet entitled to evidentiary or issue sanctions.
The court awards monetary sanctions against Joseph in the reduced amount of $585.00, representing 1.5 hours of Attorney Jan Dudman?s time in preparing the moving papers and appearing at the hearing (at $350 per hour), plus the $60 filing fee (the filing fee was not $90, as requested).
Joseph is to serve the verified responses ordered above within 30 days after service of notice of this order.? Joseph is to pay the monetary sanctions awarded above within 90 days after service of notice of this order.
Joann is to serve notice of this order.
MOTION FOR SANCTIONS RE HERMAN ?GYORGY
The court DENIES Joann Gyorgy Kendall?s (?Joann?s?) motions for issue/evidentiary sanctions against Herman Gyorgy, Jr. (?Herman?), but GRANTS the alternative request for an order compelling Herman to serve verified responses, without objection, to the first sets of Form Interrogatories ? General and Special Interrogatories.
The Form Interrogatories and Special Interrogatories at issue appear to have been properly served on Herman, by way of his counsel of record (Attorney Michael Bock) before Mr. Bock was permitted to withdraw.? However, it appears undisputed Herman never served responses to either set of interrogatories.? Notice of this motion was properly served on Mr. Bock when it was filed, Mr. Bock?s notice of order granting withdrawal identified the hearing on this motion and was served on Herman, and Joann served an amended notice of this motion on Herman directly.? No opposition has been received.? Joann is therefore entitled to verified responses, without objection.
The court concludes, however, that Joann is not yet entitled to evidentiary or issue sanctions.
The court awards monetary sanctions against Herman in the reduced amount of $585.00, representing 1.5 hours of Attorney Jan Dudman?s time in preparing the moving papers and appearing at the hearing (at $350 per hour), plus the $60 filing fee (the filing fee was not $90, as requested).
Herman is to serve the verified responses ordered above within 30 days after service of notice of this order.? Herman is to pay the monetary sanctions awarded above within 90 days after service of notice of this order.
Joann is to serve notice of this order.