Opinion
Civil Action CV-2021-190
12-21-2023
JOHN ERICKSEN and KATHRYN ERICKSEN, Plaintiffs, v. MAINE COAST KITCHEN DESIGN, INC. and TINA RICHARDSON, Defendants.
DISCOVERY ORDER
MaryGay Kennedy, Justice
Before the Court is Plaintiffs John and Kathryn Ericksen's request pursuant to Rule 26(g) of the Maine Rules of Civil Procedure for relief and hearing regarding a discovery dispute.
When a discovery dispute arises that the parties are unable to resolve despite good faith efforts, either party may request a hearing pursuant to Rule 26(g)(1). However, "[t]he court may issue an order without a hearing if the request is based on a failure to either answer or object to outstanding discovery requests." M.R. Civ. P. 26(g)(2).
Plaintiffs assert that Defendants Maine Coast Kitchen Design, Inc. and Tina Richardson have failed to respond to their Second Set of Interrogatories and Second Set of Requests for Production of Documents, both of which were served on May 22, 2023. They also claim that opposing counsel has not responded to Plaintiffs' counsel's attempts to confer to resolve the dispute. Defendants are obliged to respond to each of the discovery requests, pursuant to Rules 33 and 34, respectively. To the extent that Defendants failed to respond because they object to the requests, the Court is unable to evaluate any objections without a written response. See Corr v. Hinds, 536 A.2d 1130, 1133 (Me. 1988). Accordingly, the Court will order Defendants to respond to Plaintiffs' requests.
The entry is:
Defendants Maine Coast Kitchen Design, Inc. and Tina Richardson are ORDERED to respond to Plaintiffs' Second Set of Interrogatories and Second Set of Requests for Production of Documents, served on May 22, 2023, within thirty days of the date of this Discovery Order.
The Clerk is directed to incorporate this Order into the docket by reference pursuant to Maine Rule of Civil Procedure 79(a).