Massachusetts Superior Court April 29, 2004, No. 040913BLS (Cape Wind Associates, LLC v. Donelan)

van Gestel, J.

This matter comes before the Court on a motion by the plaintiff, Cape Wind Associates, LLC (“Cape Wind”), seeking an order to compel the defendant, John Donelan, to answer questions at his deposition.

BACKGROUND

At his deposition, Donelan, on advice of his counsel, took shelter behind the Fifth Amendment to the United States Constitution on almost every question asked.