![]() Plaintiff's response to the discovery demands consisted of three volumes of documents. ![]() Plaintiff served a verified bill of particulars and a response to defendants' discovery demands on or about August 23, 2012. Defendants further allege that plaintiff voluntarily gave up the third parking spot at defendants' request, and defendants have rented the parking spot to another tenant.ĭefendants and plaintiff served a demand for a verified bill of particulars and a combined demand for discovery on or about July 18, 2012. Defendants assert that no other tenant has three spots and that plaintiff was given the third parking spot as a personal and family accommodation since plaintiff is the nephew of the principal of one of the defendants. After defendant served an answer alleging affirmative defenses and counterclaims alleging breach of lease, plaintiff amended the complaint to allege, inter alia, harassment based upon plaintiff's refusal to sign a bedbug extermination agreement, which plaintiff claims caused emotional, psychological and physical damages, as well as claims for fraud and constructive eviction.ĭefendants contend that plaintiff's use of the third parking spot was temporary and revocable. Plaintiff claims that he is entitled to the third parking space. It is the third parking space that is at issue in this action. While plaintiff currently has two parking spaces, he had been using a third parking space. Plaintiff is a tenant in the apartment complex. Plaintiff commenced this action for, inter alia, declaratory and injunctive relief relating to a parking space at an apartment complex owned and operated by defendants. ![]() The motion is determined as follows: Factual and Procedural Background This motion by defendants for an order (1) dismissing the complaint or precluding plaintiff from offering evidence due to plaintiff's willful and contumacious failure to comply with defendants' discovery demands and demand for a verified bill of particulars or, alternatively, (2) compelling plaintiff to comply with defendants' discovery demands and provide documents in an organized fashion either "Bates" stamped or appropriately designated and responsive to the demands and to completely respond to the documents demands and demand for a verified bill of particulars (3) awarding defendants sanctions and attorney's fees for the cost of the conferences and present motion (4) striking plaintiff's various discovery demands and Demand for a Verified Bill of Particulars as, inter alia, overbroad, burdensome, and irrelevant (5) striking plaintiff's demand for depositions upon oral examinations of defendants and nine identified witnesses on behalf of defendants and striking plaintiff's demands for the production of documents that are, inter alia, overbroad, irrelevant, burdensome and not calculated to lead to admissible evidence and (6) for such other relief as is deemed appropriate under the circumstances.
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