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Kennedy Funding, Inc. v. Ruggers Aquisition and Development

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


November 12, 2007

KENNEDY FUNDING, INC., PLAINTIFF
v.
RUGGERS AQUISITION AND DEVELOPMENT, LLC. ET AL. DEFENDANTS
JM REALTY & INVESTMENTS, PLAINTIFF
v.
KENNEDY FUNDING, INC., DEFENDANTS

The opinion of the court was delivered by: Patty Shwartz United States Magistrate Judge

This matter having come before the Court by way of joint submission dated November 9, 2007, regarding certain discovery disputes;*fn1

and the Court having considered the submissions, claims, defenses, prior orders, and record of proceedings;

and for the reasons set forth herein;

and for good cause shown,

IT IS ON THIS 12th day of November, 2007

ORDERED that the subpoena served upon Valley National Bank shall be revised to reflect that the dates for responsive documents shall be from October 1, 2006 through November 13, 2006. Valley National shall provide a response to the revised subpoena no later than November 29, 2007;*fn2

IT IS FURTHER ORDERED that, with respect to Ruggers Interrogatory No. 16 and Document Demand No. 8, Ruggers objection to the time frame limitation of November 13, 2006 is overruled and no further response is required except that, no later than November 19, 2007, KFI shall confirm via a certified answer to Interrogatory No. 16, that the source of the funds for the Ruggers transaction was the Valley National line of credit and identify any other sources for the funding or certify that the sole source of the funding would have been the Valley National line of credit;*fn3

IT IS FURTHER ORDERED that, with respect to Ruggers' request for the amount of the financing requested for transactions set forth on the chart reflecting the loan commitments offered to prospective borrowers during the six month period before the Ruggers transaction, no further response is required;*fn4

IT IS FURTHER ORDERED that, with respect to Ruggers' Supplemental Interrogatories Nos. 1 and 2, KFI's objection is sustained and Ruggers shall confer with KFI about the proposed compromise that would allow it to serve an additional two interrogatories for a total of seven interrogatories directed to the factually-based affirmative defenses. Said interrogatories shall be re-served no later than November 19, 2007 and shall be responded to no later than December 19, 2007;*fn5 and

IT IS FURTHER ORDERED that, based upon the representation that Ruggers intended to provide KFI with its certification to its responses to interrogatories by November 9, 2007, no court-intervention is required.*fn6


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