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ESTATE OF CARMINE LOMBARDI, ALSO KNOWN AS CARMINE ROCCO LOMBARDI, Deceased

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.

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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.

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