                                            State of Vermont
                                 Superior Court—Environmental Division

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                   ENTRY REGARDING MOTION
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In re Roystan Ridge Extraction Permit                                          Docket No. 121-7-10 Vtec
(Appeal from Town of Newbury DRB)

Title: Motion to Compel Discovery (Filing No. 7)
Filed: November 26, 2012
Filed By: Appellant Sandra J. Soseos
Response filed on January 14, 2013by Applicants James B. Roystan and Alma Roystan

   Granted                         _ X_ Denied                         Other

        This Court may only grant a motion to compel discovery after the moving party has
shown that they have served a specific discovery request upon another party, that the other
party has refused to satisfy the specific discovery request, and that the moving party has
“attempted to confer [with the other party] about the discovery issues between them in detail in
a good faith effort to eliminate or reduce the area of controversy, and to arrive at a mutually
satisfactory resolution.” V.R.C.P. 26(h).
        We are unaware of whether Appellant Soseos has taken any of these steps, since we
have no certifications from her. Rule 26 contemplates that parties will first make good faith
efforts to resolve discovery disputes before asking that a court intervene or order conformance
with a specific discovery request. Id. Without any representations that Appellant Soseos has
complied with Rule 26, we must DENY her motion.




_________________________________________                                      February 6, 2013
       Thomas S. Durkin, Judge                                                     Date
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Date copies sent: ____________                                                     Clerk's Initials: _______
Copies sent to:
  Attorney Colin Robinson for Appellees James B. Roystan and Alma Roystan
  Appellant Sandra J. Soseos
  Attorney Gavin A. Reid for Interested Person Town of Newbury
