Conrad Music v. Modern Distributors, Inc.

FINDINGS OF FACT AND ORDER STRIKING DEFENDANTS’ ANSWER AND FOR ENTRY OF JUDGMENT BY DEFAULT

The motion of plaintiff Conrad Music, a Division of ARC Music Corp. (“Conrad”), and Larry Spier, Inc. (“Spier”), for an order, in the alternative, pursuant to Rule 37(d) of the Federal Rules of Civil Procedure, striking out the answer of defendants Modern Distributors, Inc. (“Modern”) and Betty L. Chiapetta (“Chiapetta”) to the first amended complaint on file herein and entering judgment by default against said defendants based on the failure of Modern and Chiapetta to answer, fully and completely, plaintiffs’ first set of interrogatories, as Modern and Chiapetta were ordered to do on January 3,1977, came on regularly for hearing before the above-entitled Court on April 18, 1977. The. Court, having reviewed plaintiffs’ first set of interrogatories to Modern and Chiapetta and their purport ed answers thereto, which answers were ordered by the Court to be filed on or before February 3, 1977, in response to plaintiffs’ previous motion for an order compelling defendants to do so, and having further considered the notice of motion and memorandum of points and authorities filed by plaintiffs,…