Thompson v. Butterball LLC

Filing 25

ORDER granting 19 Defendant's Motion to Compel. Plaintiff is ordered to provide the requested documents & fully respond to Butterball's interrogatories. Butterball is directed to submit a formal fee petition setting forth fees & costs i ncurred in bringing this motion. Plaintiff may respond to the motion for fees & costs w/i 14 days of the day in which Butterball submits its fee petition. Thompson is also directed to show cause why she should not be sanctioned pursuant to Rule 37(b) for failing to comply with 18 Order of 12/20/10. Signed by Judge Brian S. Miller on 5/9/2011. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
GLORIA THOMPSON
v.

PLAINTIFF
CASE NO. 3:10-CV-00127 BSM

BUTTERBALL LLC

DEFENDANT
ORDER

Butterball LLC moves [Doc. No. 19] to compel answers to its first set of
interrogatories and first request for production of documents. Counsel for Butterball states
that, pursuant to Local Civil Rule 7.2(g), it has conferred with counsel for Thompson in good
faith to obtain the required discovery. Butterball also claims that Thompson has still failed
to produce Federal Tax Returns as ordered on December 20, 2010. [Doc. No. 18]. It also
moves [Doc. No. 19] for sanctions for Thompson’s failure to respond to the discovery order
and requests the costs associated with bringing this motion.
Thompson responds that the motion is moot because she has responded to Butterball’s
second set of interrogatories. [Doc. No. 22]. Butterball, however, points out that the
responses to its first set of interrogatories and request for document production remain
incomplete. [Doc. No. 23]. The documents requested include tax records, which were already
ordered to be disclosed [Doc. No. 18], documents relating to Thompson’s employment
subsequent to Butterball, and documents identified in Thompson’s initial disclosures. These
documents are properly discoverable. The motion to compel [Doc. No. 19] is therefore
GRANTED. Thompson is ordered to provide the requested documents and fully respond to

Butterball’s interrogatories.
Butterball is directed to submit a formal fee petition setting forth the fees and costs
incurred in bringing this motion. [Doc. No. 19]. Pursuant to Rule 37 of the Federal Rules of
Civil Procedure, Thompson may respond to the motion for costs and the fee petition within
fourteen days of the day in which Butterball submits its fee petition. She is also directed to
show cause why she should not be sanctioned pursuant to Rule 37(b) for failing to comply
with the December 30, 2010 [Doc. No. 18] .
IT IS SO ORDERED this 9th day of May, 2011.
________________________________
UNITED STATES DISTRICT JUDGE

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