Regions Bank v. Matter et al

Filing 41

ORDER entered deft's Motion to Compel is GRANTED 35 . Defendant was ORDERED to produce or make available for inspection all documents in its possession, except those that are privileged, relating to the four loans that are at issue in this act ion and to any loans to BAM Enterprises, LLC, not later than Thursday, October 8, 2009. However, the Court finds that Plaintiffs failure to produce the documents previously does not warrant sanctions and the Motion for Sanctions is DENIED 35 . Signed by Magistrate Judge Bert W. Milling, Jr on 9/30/09. (mca)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION REGIONS BANK, Plaintiff, vs. W. CRAIG MATTER, et al., Defendants. : : : : : : : : : ORDER After hearing from counsel this date on the Court's Order dated August 17, 2009, denying Plaintiff's Motion for Summary Judgment (Doc. 33), Defendants' Motion to Compel and for Sanctions (Doc. 35) and Plaintiff's Response to Defendants' Motion to Compel and for Sanctions (Doc. 37), the Motion to Compel was GRANTED. Defendant was ORDERED to produce or make

CIVIL ACTION 08-0665-KD-M

available for inspection all documents in its possession, except those that are privileged, relating to the four loans that are at issue in this action and to any loans to BAM Enterprises, LLC, not later than Thursday, October 8, 2009. Counsel for Plaintiff

will maintain custody of the originals of all documents pending the conclusion of this action. Pursuant to Federal Rule of Civil Procedure 26(b)(1), and in light of the Court's Order denying the summary judgment motion, the undersigned found that the requested documents are relevant to subject matter involved in this action and their production to

Defendants appears reasonably calculated to lead to discovery of admissible evidence. However, the Court finds that Plaintiff's

failure to produce the documents previously does not warrant sanctions and the Motion for Sanctions is DENIED. Settlement was discussed with counsel. Plaintiff has

believed strongly in its position and has not pursued settlement to date. Defendants need more time and discovery to properly

evaluate their position. DONE this 30th day of September, 2009. s/BERT W. MILLING, JR. UNITED STATES MAGISTRATE JUDGE

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