Wednesday, March 16, 2011

Judge Polacheck Gartley of Luzerne County Allows Deposition While Preliminary Objections Pending

On March 2, 2011, Judge Tina Polachek Gartley of the Luzerne County Court of Common Pleas issued an Order in the case of Dunsmuir v. Tredinnick, No. 12077-Civil-2010 (Luz. Co., March 2, 2011, Polachek Gartley, J.) in which the Court addressed the issue of whether or a deposition of a Defendant should be allowed to proceed while Preliminary Objections filed by the Defendant were pending before the Court.

In this decision, the Plaintiff filed a Motion to Compel the Defendant’s deposition and the same was granted by the Court. Notably, the Preliminary Objections at issue were not case dispositive.

The prevailing Plaintiff’s attorney in this matter was Michael O’Donnell of the O’Donnell Law Offices in Kingston, Pennsylvania.

As noted, this Decision was by Order only, without any Opinion. However, should anyone desire a copy of this Order, you may contact me at dancummins@comcast.net.

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