Attorney Name: Christopher E. Carrington
Attorney Email: firstname.lastname@example.org
Phone: (919) 381-6165
Short Style: Progressive Southeastern Insurance Co. v. Markette A. McIntosh, et al
Filed by (Attorney Name): Christopher E. Carrington, Esq.
Hearing On (Motion Name): 03/04/2013
Pursuant to Rule 37(a) of the North Carolina Rules of Civil Procedure, Plaintiff, Progressive Southeastern Insurance Company [hereinafter “Progressive”], respectfully moves the Court for an Order compelling the Defendant, Morris L. McIntosh, to comply with the Plaintiff’s Interrogatories and Requests for Production dated November 15, 2012. In support of this Motion, the Plaintiff represents as follows:
1. Progressive served the Defendant with Plaintiff’s First Set of Interrogatories and Request for Production of Documents on November 15, 2012;
2. Thereafter the Defendant filed his Motion and Order for Extension of Time, dated December 14, 2012, requesting that he be allowed additional time to prepare and serve his responses to Plaintiff’s First Set of Interrogatories and Request for Production of Documents, up to and including January 17, 2013.
3. On January 23, 2013, Plaintiff’s counsel filed this Motion to Compel with the Court.
4. As of the date of this submission, February 27, 2013, the Defendant Morris L. McIntosh has failed to respond the Plaintiff’s First Set of Interrogatories and Request for Production of Documents, or otherwise articulate any objection thereto.
WHEREFORE, Plaintiff prays the Court for an Order compelling the Defendant Morris L. McIntosh as follows:
1. That the Defendant Morris L. McIntosh be Ordered to comply with the Plaintiff’s First Set of Interrogatories and Request for Production of Documents within ten (10) days of the granting of this Motion or be subject to sanction by the Court in accordance with Rule 37 (b)(2) of the North Carolina Rules of Civil Procedure, including the entry of default against said Defendant and the entry of Judgment in favor of the Plaintiff thereon.
2. That the costs of this action be taxed to the Defendant Morris McIntosh;
3. For such other and further relief as the Court may deem just and proper.