D.P.S. Industries, Inc. v. Safeco Insurance Co. of America

Pope, Chief Judge.

Plaintiff D.P.S. Industries, Inc. (“D.P.S.”) brought an action against defendant Reeves Ditching (“Reeves”) and its surety Safeco Insurance Company of America (“Safeco”), alleging breach of contract against Reeves and seeking recovery under Safeco’s payment bond. Defendant Safeco filed its answer, and also asserted a counterclaim against D.P.S. and a cross-claim against Reeves. Safeco also served interrogatories upon D.P.S., and after D.P.S. responded, filed a motion for sanctions and to compel discovery, contending that D.P.S.’s responses were both untimely and…