Fowlkes v. Crye-Leike Inc et al

Filing 46

ORDER granting 32 Motion to Compel; granting in part and denying in part 34 Motion to Compel. Signed by Judge Brian S. Miller on 2/12/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRYSTAL Y. FOWLKES vs. Case No. 4:08-CV-4161 BSM DEFENDANTS PLAINTIFF CRYE-LEIKE, INC.; CRYE-LEIKE OF ARKANSAS, INC. ORDER Defendants Crye-Leike, Inc. and Crye-Leike of Arkansas, Inc. move to compel certain discovery from plaintiff Crystal Y. Fowlkes ("Fowlkes") (Doc. No. 32). Fowlkes also moves to compel certain discovery from defendants (Doc. No. 34). Defendants' notice of withdrawal of their motion is denied insofar as it can be denied (Doc. No. 36). Defendant moves to strike Fowlkes's motion to compel (Doc. No. 37), and Fowlkes has responded (Doc. No. 40). Defendants' motion to strike Fowlkes's motion (Doc. No. 37) is denied. Even though Fowlkes's motion was filed late in the discovery period, it was filed in a timely manner. The defendant's motion to compel production of Fowlkes's calendar (Doc. No. 32) is granted. Having reviewed the relevant documents, Fowlkes's motion to compel (Doc. No. 34) is granted in part and denied in part as follows: Request for Production No. 6. The motion to compel production of this request is denied insofar as Fowlkes seeks production of Employment Eligibility Verification Forms ("I-9" forms) filed with U.S. Citizenship and Immigration Services at the Department of Homeland Security. The defendants are directed, however, to provide the number of their employees and their affiliates' employees to Fowlkes. Requests for Production Nos. 8 and 9. The motion to compel production of these requests is granted. The defendants are directed to provide copies of their balance sheets for 2007 and 2008. Requests for Production Nos. 10 and 11. The motion to compel production of these requests is granted. The defendants are directed to provide copies of their federal income tax returns for 2007 and 2008. Request for Production No. 12. The motion to compel production of this request is denied. IT IS SO ORDERED this 12th day of February, 2010. ________________________________ UNITED STATES DISTRICT JUDGE

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