ESTATE OF CARMINE LOMBARDI, ALSO KNOWN AS CARMINE ROCCO LOMBARDI, Deceased — In this probate proceeding, the proponent moved to compel responses to written interrogatories and reschedule the date for certain depositions to at least two weeks after service of such responses or after compliance with this court's order granting the motion to compel. In turn, the objectants cross-moved for a protective order with regard to the interrogatories and made certain requests as to the payment of the costs of disclosure.
In essence, the court granted in part and denied in part both the motion and cross motion. Specifically, the court held that the depositions that the parties previously agreed to schedule by December 3, 2012, the return date of the instant applications, shall proceed as scheduled as there was no prior indication by the proponents that they first wanted responses to written interrogatories. The parties agreed on the record to conduct those depositions on December 12, 2012 and December 14, 2012, with the proponents paying the costs of the depositions. The court ruled that it would not consider the cross motion seeking a protective order on its merits as the application was not made until long after the responses to written interrogatories were due.
Nonetheless, it appears that responses to some of the written interrogatories may be provided during the depositions. Accordingly, the proponents are to advise the objectants as to whether they will make an amended request for written interrogatories at the completion of the scheduled depositions; in such event, the objectants have 30 days from receipt of same to respond. In the event the proponents indicate they do not intend to serve amended written interrogatories, the objectants shall respond to the already-served written interrogatories within thirty (30) days of the proponents so indicating.
This decision and the rulings and statements of the court on the record constitute the order of the court.
December 17, 2012