Bob Berman Associates, Inc. v. Gross

The defendants appeal from a default judgment entered upon their alleged failure to comply with discovery orders. From a scant record it appears that the defendants produced nine out of twelve categories of documents sought by the plaintiff under Mass.R.Civ.P. 34, as amended, 385 Mass. 1212 (1982), and that the defendants’ assertion was plausible that documents described in two of the remaining categories were non-existent. (One category was cancelled checks or other written evidence of payment of the plaintiff s bills, which the defendants admitted had not been paid. The other was any stock…