US District Court
District of South Carolina
United States of America, )
Plaintiff ) No. 05cv2734-hmh
) Motion to Compel Answers to Production of
Robert Clarkson & ) Documents and Interrogatories
The Patriot Network, )
Pursuant to Rule 37 FRCivP, Defendant Clarkson moves this court for an order requiring the Government to answer the Request for POD and Interrogatories propounded by Defendant pursuant to the rules:
- On 3 Dec 05, Clarkson mailed to the DOJ his Request for the Production of Documents and Interrogatories (attached) in this case which were to be answered within 30 days or objected to, as the rules required. Plaintiff has not answered said interrogatories or POD, made objections thereto, nor made any reasonable response.
- However, the DOJ filed several reasons to delay discovery and did made phone calls to Clarkson. Their reason was that since important motions were before the Magistrate, discovery should be delayed until she made a Report and the Judge made certain decisions. Clarkson trying to be reasonable, did not file any objection. On 25 Sept 06, Clarkson e-mailed the able and competent counsel for the tax collectors requesting discovery be reopened now that the case was before the Judge. The next day, opposition counsel e-mailed back that discovery was too late and besides, his Motion for Summary Judgment had many pages of exhibits. Yes, said Motion did have inches of pages attached thereto--but of Clarkson's own books and writings, which were to be furnish information to the Court, not Defendant.
- All of the information in this case is in the hands of the IRS. Clarkson is unable to prepare his defense to the DOJ recently filed Motion for Summary Judgment, or even figure out the government's case without some discovery. While said S/J motion is well written and so much better than the complaint, it still charges Clarkson with activities of others, which Clarkson has not done or even knows about. Defendant needs the information held by the IRS to file his opposition to S/J or he will have to move this court for an extension of time to oppose that dispositive motion, until the government complies with reasonable discovery request. In e-mail earlier this week, Clarkson offered to limit discovery, etc.
- Clarkson moves this court for an order requiring the IRS to answer the Interrogatories and POD heretofore filed, to pay him his expenses and costs in preparation of this motion, to issue sanctions against the Government and to admonish their attorney.
- The sanctions against Plaintiff for failure to answer Interrogatories should include:
a. This Court should order that the questions or designated facts should be taken to be established for the purposes of this action;
b. This Court should refuse to allow DOJ to oppose Clarkson's designated claim as in the Interrogatories and prohibit DOJ from introducing matters in opposition;
c. The Court should strike out these parts of IRS pleadings pertaining to the questions on the Interrogatories and/or refer judgment by default against IRS.
d. That IRS and their counsel should he held in contempt of Court for failure to obey any orders of this Court.
Certificate of Service : I certify that I mailed properly on this date a copy of this Motion to opposing party.
Date: 28 Sept 06
515 Concord Ave,
Anderson SC 29621