In the 19th Judicial Circuit for the County of Cole State of Missouri
Lee Allen Martin,
Plaintiff, Pro se
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Vs. ) Case # 01 CV 324209
Director of Revenue
Department of Revenue
Custodian of Record
Carol Russell Fischer
Keith Halcomb, Attorney
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RESPONSE TO PLAINTIFF'S MOTION TO COMPEL

Defendants Department of Revenue, Director of Revenue, Custodian of Records of Department of Revenue and Carol Russell Fischer (Department), by and through counsel, Attorney General Jeremiah W. (Jay) Nixon and Assistant Attorney General Keith D. Halcomb, files the following response to the Motion to Compel filed by Plaintiff Lee Allen Martin:
1. Plaintiff served upon Defendant Requests for Production, and according to the Certificate of Service signed by Plaintiff such requests were mailed on July 30, 2001. (See; Plaintiffs Motion to Compel, p.3).
2. Defendant had thirty days to respond to the discovery requests, plus an additional three days because the requests were sent by mail. Missouri Rule of Civil Procedure 44.01(e).
3. Defendant, therefore, had until September 1, 2001, to respond.
4. However, September 1, 2001, was a Saturday, and Monday September 3, 2001 was a legal holiday. Therefore, Defendant had until Tuesday September 4, 2001, to respond to Plaintiffs requests. Missouri Rule of Civil Procedure 44.01(a).
5. Plaintiff filed with this Court, on September 4, 2001, a Certificate of Service stating that Defendant's responses to Plaintiffs requests for production were sent to Plaintiff via Federal Express, on September 4, 2001.
WHEREFORE, Plaintiffs motion to compel is ill advised and should be denied because responses have been served timely, and furthermore, a motion to compel is inappropriate when a party has already received a response.

Respectfully submitted,
JEREMIAH W. (JAY) Nixon
KEITH D. HALCOMB
Assistant Attorney General
P.O. Box 899
Jefferson City, Missouri 65102-0899
(314) 751-4087
ATTORNEYS FOR DEFENDANTS