John Gallo - Page 7

                                        - 7 -                                         

          each and every person expected to be called as a witness and the            
          substance of his or her expected testimony.                                 
               In response thereto, petitioner agreed to a meeting and                
          concluded his letter dated May 9, 1997, with two similar                    
          discovery requests.  Respondent failed to comply with                       
          petitioner’s discovery requests.  The Court did not receive a               
          formal request from petitioner to enforce his discovery requests.           
               By order dated March 17, 1997, this case was continued from            
          the Court’s trial session in Los Angeles, California, on March              
          17, 1997, and recalendared for June 2, 1997.                                
               Rule 70 contains general provisions for discovery in this              
          Court.  Rule 70(a)(2) provides, in part: “Discovery shall not be            
          commenced, without leave of the Court, before the expiration of             
          30 days after joinder of issue * * * and shall be completed,                
          unless otherwise authorized by the Court, no later than 45 days             
          prior to the date set for call of the case from a trial                     
          calendar.”  Rule 72(a) provides that “Any party may, without                
          leave of Court, serve on any other party a request to” produce              
          documents.  Rule 72(b), however, provides, in part:  “The party             
          upon whom the request is served shall serve a written response              
          within 30 days after service of the request.  The Court may allow           
          a shorter or longer time.”  Rule 72(b) further provides:                    
               To obtain a ruling on an objection by the responding                   
               party, on a failure to respond, or on a failure to                     
               produce or permit inspection, the requesting party                     
               shall file an appropriate motion with the Court and                    




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011