BETTY RUBBLE * IN THE

Plaintiff * CIRCUIT COURT

FOR
v. *
BALTIMORE COUNTY
FRED FLINTSTONE *
CASE NO.
Defendant *

*
* * * * * * * * * * * * * *
MOTION TO COMPEL

Plaintiff, Betty Rubble (Rubble), by and through her undersigned counsel, hereby files

this Motion to Compel Discovery Responses against Defendant, Fred Flintstone (Flintstone),

and in support thereof states:

1. This litigation is in regards to an automobile accident that occurred on or about August

14, 2015.

2. On September 25, 2015, Rubble propounded Interrogatories and Requests for Production

of Documents upon Flintstone. Attached hereto are Plaintiffs Notice & Certificate of Service of

Discovery Materials regarding Plaintiffs Interrogatories and Plaintiffs Notice & Certificate of

Service of Discovery Materials regarding Plaintiffs Request for Production of Documents,

attached hereto as Exhibits A, and B respectively.

3. Flintstones Answers to Rubbles Interrogatories and Responses to Jones Request for

production of Documents were due on or before October 25, 2016.

4. Flintstones counsels email of February 6, 2016 to Rubbles counsel, attached hereto as

Exhibit C.

5. On February 3, 2016 , Rubbles counsel sent a good faith attempt to resolve the subject
discovery dispute to Flintstones counsel via pre-paid first class U.S mail. In pertinent part to

correspondence stated,

Please consider this letter as a good faith attempt to resolve an anticipated discovery

dispute in this matter' As you know, I represent Ms Betty Rubble in the above referenced

litigation. Interrogatories and Requests for Productions were propounded upon your

client, Fred Flintstone on September 25, 2015. Your discovery responses are now

overdue. If we do not receive your clients fully responsive and executed discovery

responses within one (l) week of this letter, we will seek the Court's assistance in

resolving this discovery dispute.

See Flintstones counsels correspondence of February 3, 2016 to James counsel,

attached hereto as Exhibit D.

6. Again, on February 14, 2016 , Rubbles counsel sent a good faith attempt to resolve the

subject discovery dispute to Flintstones counsel via pre-paid first class U.S mail. In pertinent

part to correspondence stated,

Please consider this letter as a second good faith attempt to resolve an anticipated

discovery dispute in this matter. As you know, I represent Ms Betty Rubble in the above

referenced litigation. Interrogatories and Requests for Productions were propounded upon

your client, Fred Flintstone on September 25,2015. Your discovery responses are now

overdue, If we do not receive your client,s fully responsive and executed discovery

responses within one (l) week of this letter, we will seek the Court's assistance in

resolving this discovery dispute.

7. In an additional good faith attempt to resolve the subject discovery dispute, on February
28, 2016, Rubbles counsel called Flintstones counsel regarding the status of Flintstones

discovery responses. Flintstones counsel indicated that the discovery responses would be

forthcoming within the next two weeks.

8. Again, on March 2, 2016 , Rubbles counsel sent a good faith attempt to resolve the

subject discovery dispute to Flintstones counsel via pre-paid first class U.S mail. In pertinent

part to correspondence stated,

Please consider this letter as a second good faith attempt to resolve an anticipated

discovery dispute in this matter' Please consider this letter as follow-up to my letters of

February 3, 2016, February 14, 2016, and voicemail message of February 28, 2016.

Interrogatories and Requests for Productions were propounded upon your client, Fred

Flintstone on September 25, 2015, your discovery responses are now overdue. If we do

not receive your client's fully responsive and executed discovery responses within one (l)

week of this letter, we will seek the court's assistance in resolving this discovery dispute.

9. As of the date of this Motion, Rubbles counsel has not received Flintstones Answer to

Interrogatories and/or Responses to Rubbles Request for Production of Documents.

10. Rubbles cannot properly prepare her case for trial without Flintstones discovery

responses.

11. Rubbles has been severely prejudiced by Flintstones continual refusal to provide his

discovery responses.

12. Trial is scheduled for March, 16, 2016.

13. Rubbles cannot move forward to trial without Flintstones discovery responses.
WHEREFORE, Plaintiff, Betty Rubble respectfully requests:

A. Defendant be ordered to produce, without objections, complete Answers to

Interrogatories and Reponses to Requests for Production of Documents within five

(5) days of this Honorable Courts Order; and

B. Such other and further relief as justice may require

Respectfully Submitted,

_______________________________
Patricia J. Bienkowski, Esq.
Law Offices of Jessica L. Murray, LLC
202 East Main Street, 2nd Floor
Wesminster, Maryland 21157
(410) 493-4548
(410) 934-1144 Facsimile
Bie928674@email.ccbcmd.edu
Attorney for Plaintiff, Jane Jones
CERTIFICATE OF GOOD FAITH ATTEMPTS TO RESOLVE DISCOVERY DISPUTE

CERTIFICATION OF EFFORTS TO RESOLVE DISCOVERY DISPUTE

The undersigned counsel for Betty Rubble certifies that counsel and the involved parties

have been unable to reach agreement after the following good faith attempts to discuss and

resolve the discovery disputes which are the subjects of Betty Rubbles motion to compel

discovery,

September 25, 2015: Rubble propounded Interrogatories and Requests for Production of

Documents upon Flintstone.

February 3, 2016: Rubbles counsel sent a good faith attempt to resolve the subject discovery

dispute to Flintstones counsel.

February 14, 2016: Rubbles counsel sent a second good faith attempt to resolve the subject

discovery dispute to Flintstones counsel.

February 28, 2016: Rubbles counsel called Flintstones counsel regarding the status of

Flintstones discovery responses.

March 2, 2016: Rubbles counsel sent a third good faith attempt to resolve the subject discovery

dispute to Flintstones counsel.

_______________________________
Patricia J. Bienkowski, Esq.
Law Offices of Jessica L. Murray, LLC
202 East Main Street, 2nd Floor
Wesminster, Maryland 21157
(410) 493-4548
(410) 934-1144 Facsimile
Bie928674@email.ccbcmd.edu
Attorney for Plaintiff, Jane Jones
 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this Monday of March, 7 2016, that the foregoing Motion

to Compel Discovery, Certificate of Good Faith Attempts to Resolve Discovery Dispute; and

proposed Order were sent via first class pre-paid U.S mail to:

Bill Attorney
Attorney & Co.
123 Court Street, Suite 3
Baltimore, Maryland 21204
Attorney for Defendant, Jon James

_______________________________
Patricia J. Bienkowski, Esq.
Law Offices of Jessica L. Murray, LLC
202 East Main Street, 2nd Floor
Wesminster, Maryland 21157
(410) 493-4548
(410) 934-1144 Facsimile
Bie928674@email.ccbcmd.edu
Attorney for Plaintiff, Jane Jones
Betty Rubble * IN THE

Plaintiff * CIRCUIT COURT

FOR
v. *
BALTIMORE COUNTY
Fred Flintstone *
CASE NO.
Defendant *

*
* * * * * * * * * * * * * *

ORDER

UPON CONSIDERATION of Plaintiffs Motion to Compel Discovery, and opposition

thereto, and any hearing held thereon, this Circuit for Baltimore County, on this

Wednesday of March 9, 2016 hereby

ORDERED that Plaintiffs Motion to Compel Discovery is hereby GRANTED; and

Further

ORDERED the Defendant produce, without objections, complete Answers to

Interrogatories and Reponses to Requests for Production of Documents within five (5) days of

this Order.

_______________________________
JUDGE

Cc: Patricia Bienkowski

Bill Attorney