John Gallo - Page 8

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               shall annex thereto the request, with proof of service                 
               on the other party, together with the response and                     
               objections if any.  Prior to moving for such a ruling,                 
               neither the request nor the response shall be filed                    
               with the Court.                                                        
               If we assume that petitioner’s discovery request is a                  
          request for production of documents, from the above it can                  
          readily be seen that petitioner’s informal discovery request was            
          commenced less than 30 days prior to trial and could not possibly           
          have been completed “no later than 45 days prior to the date set            
          for call of the case from a trial calendar.”  Rule 70(a)(2).                
          Moreover, petitioner failed to file an appropriate request for              
          review of respondent’s failure to respond in accordance with Rule           
          72(b).  Petitioner merely complained about it.  Accordingly,                
          petitioner’s unsuccessful discovery request is not grounds to               
          grant his motion and sanction respondent.  The fact that                    
          respondent made an equally unenforceable informal discovery                 
          request, with which petitioner attempted to comply, is                      
               As indicated in respondent’s informal discovery request,               
          petitioner was requested to bring numerous documents.  In                   
          attempting to comply with this request, petitioner assembled two            
          boxes of records, one of which he painfully carried from the                
          parking lot at respondent’s office building to the conference.              
          Petitioner complains that respondent failed to look at any of the           
          documents he had brought.  Notwithstanding respondent’s rejected            

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