Hope for Families & Community Services, Inc. et al v. Warren, et al.

Filing 252

MEMORANDUM OPINION AND ORDER that the court finds that the Magistrate Judge's 187 Memorandum Opinion and Order denying Plaintiffs' motions to compel, is clearly erroneous and contrary to law and the law of the case, in part. Consequently, it is ORDERED that Plaintiffs' Objections to 195 Magistrate Judge's Memorandum Opinion and Order are SUSTAINED to the extent that on or before February 6, 2009: (1) Mr. McGregor and/or VictoryLand are DIRECTED to provide written answers and produce documents to Plaintiffs, as set out; (2) Mr. Gray is DIRECTED to produce (a) documents disclosing all dividends, distributions, fees or payments of any nature to him from VictoryLand or Mr. McGregor, as further set out; (3) Mr. Gray and t he Gray Law Firm are DIRECTED to produce documents establishing the methods of division of income and profits of the Gray Law Firm among its shareholders, but not the amounts of such divisions, since January 1, 2000; (4) VictoryLand is DIRECTED to pr oduce documents reflecting Mr. Gray's ownership interest in VictoryLand on January 1, 2003, as further set out; (5) Sheriff Warren is DIRECTED to produce all documents that relate in any way to campaign contributions made to all of his political campaigns for the office of Sheriff of Macon County, Alabama, directly or indirectly from VictoryLand or Mr. McGregor, as further set out; (6) Mr. Gray Jr. is DIRECTED to produce, pursuant to a Rule 45 subpoena, "[a]ny and all documents in [his ] possession or control that contain any communication between [him] and [Mr.] Gray regarding electronic bingo."; that Plaintiffs' objections are SUSTAINED and Mr. Gray Jr. is DIRECTED to appear for a deposition on or before March 2, 2009, or at a later time if all parties agree to the later date; that in all all other respects, Plaintiffs' Objections to the Magistrate Judge's Memorandum Opinion and Order are OVERRULED; that consistent with the court's rulings herein on the pending privilege issues, it is further ORDERED that on or before February 6, 2009, (1) The Gray Law Firm is DIRECTED to disclose the amount of all legal fees paid to it from Mr. McGregor and/or VictoryLand from February 2004 to the present, as f urther set out; (2) VictoryLand is DIRECTED to produce any and all documents in its possession or control (including its attorneys or agents) that contain any communication between it and Mr. Gray Jr. relating to electronic bingo from January 1, 2003 , to January 6, 2005, as further set out; (3) Mr. Gray Jr. is DIRECTED to produce any and all documents in his possession or control that contain any communication between him and any of VictoryLand's agents or attorneys regarding electronic bin go, except those communications relating directly to this or other litigation, as further set out; (4) VictoryLand is DIRECTED to produce any and all documents in its possession or control that contain any communication between it, its agents or atto rneys, and Mr. Gray or between it, its agents or attorneys and any other partner or associate with the Gray Law Firm relating to the establishment, regulation or licensing of bingo in Macon County, Alabama, from January 1, 2003, until January 6, 2005, as further set out. Signed by Honorable William Keith Watkins on 1/26/2009. (Attachments: # 1 Civil Appeals Checklist)(cc, )