GALVESTON - A League City attorney who is suing a nationwide pizza chain for allegedly flooding his office claims the defendant allowed the discovery period to pass without any communication.
Kenneth Kaye filed a motion to quash and strike Domino's Pizza LLC's notices of intention to take depositions by written questions and other related discovery efforts Sept. 24 before the Galveston County Court at Law No. 3.
The nine-page document asserts Domino's made "no attempt whatsoever" to reach an agreement to extend the period of discovery beyond Sept. 10, stating the court "has not changed the discovery period and the defendant has not asked the court that this be done."
Kaye sued the restaurant in February after water from the adjacent pizza eatery seeped into his office on six different occasions dating back to last August.
According to the original petition, Domino's pinpointed the cause to an overflowing toilet, but would not pay to clean it up “because it had not intentionally caused the toilet to overflow."
Kaye's motion explains the complainant received correspondence from a deposition company and the respondent's counsel seeking written and oral depositions.
It insists with the trial set to start on Nov. 5, Domino's intends to delay it.
Cause No. 67,011