Free Response to Motion - District Court of Delaware - Delaware

Case 1 :04-cv-01469-SLR Document 37 I Filed 08/08/2006 Page 2 I I
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Stanford L. Burris :
Plaintiff
: Civ. No. 04-1469-SLR
v. :
Richards Paving, Inc.
Defendant
i DEFENDANT RICHARDS PAVING, INC.,’S
RESPONSE TO PLAIN TIFF’S MOTION TO COMPEL DISCOVERY
Defendant Richards Paving, Inc., (hereafter referred to as "Richards Paving”)
hereby responds to plaintiffs motion to compel discovery. 2
l. Richards Paving has filed Answers to Plaintiffs second set of interrogatories as
well as answers to plaintiffs request for production of documents.
2. Out of respect for the privacy of its employees, Richards Paving objects to having
to disclose the name; address date of birth, date of hire and date of termination for
each individual that it has employed from 2003-2006.
3. Revised answers to plaintiffs discovery are being drafted and should be produced
g to plaintiffs counsel by August l4, 2006, when the undersigned counsel returns
to the office. The revised answers should address plaintiffs concems about
hourly wage of Richards Paving’s employees.
4. Plaintiffs motion to compel the second set of interrogatories is also a bit
disingenuous since he has already elicited the hourly wage information from Mr.
Dave Moluski during his deposition testimony.

Case 1:04-cv-01469-SLR Document 37 Filed 08/08/2006 VPage~2»ot 2
5. Furthermore, the deadline for obtaining any experts, economic or otherwise has
long passed and Richards Paving would object to any economic reports
calculating plaintiff’s lost income.
6. As for plaintiff s request for production of documents, my client has indicated
that they are continuing to look for any documents. The documents that plaintiff
is requesting may no longer exist. Should any documents be discovered, they will
be produced to plaintiff.
7. No representatives have ever made an admission of liability to the Delaware
I Department of Labor or any other agency.
WHEIUEFORE, for the reasons stated above, Richards Paving respectfully
request that this Court deny plaintiff’s motion to compel discovery.
ELZUFON AUSTIN REARDON
TARLOV & MONDELL, P.A.
Matthew P. Donelson, ID #4243 _
300 Delaware Avenue, Suite 1700
P.O. Box 1630
Wilmington, DE 19899-1630
(302) 428-3181
Attorney for Defendant
Richards Paving, Inc.
Dated: August 8, 2006