IN RE PRESTO

No. 06-33618.

358 B.R. 290 (2006)

In re: Kevin PRESTO, Debtor.

United States Bankruptcy Court, S.D. Texas, Houston Division.

December 15, 2006.


Attorney(s) appearing for the Case

David Nathan Ziegler, Attorney at Law, Houston, TX, for Debtor.


MEMORANDUM OPINION ON THE MOTION OF THE OFFICIAL EMPLOYMENT-RELATED ISSUES COMMITTEE OF ENRON CORP. TO COMPEL KEVIN PRESTO TO ANSWER DEPOSITION BY WRITTEN QUESTIONS

JEFF BOHM, Bankruptcy Judge.

This Memorandum Opinion addresses a single issue: if a motion to compel discovery fails to contain a certification required by Rule 37(a)(2)(A), should the motion be dismissed?

I.

PROCEDURAL BACKGROUND AND FINDINGS OF FACT

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