Farnsworth et al v. Welspun Tubular LLC et al

Filing 29

ORDER overruling defts' objection to the third-party subpoena, as well as objections to pltf's interrogs and requests for production, and to the scope of the planned Rule 30(b)(6) deposition. Defts have until May 15, 2012 to make the requested productions and disclosures; and the parties should reschedule the Rule 30(b)(6) deposition to occur after that date. Signed by Judge D. P. Marshall Jr. on 3/15/12. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

MATTHEW FARNSWORTH and
MATTHEW MOORE, each on his
own behalf and on behalf of all
others similarly situated
v.

PLAINTIFFS

No.4:11-cv-619-DPM

WELSPUN TUBULAR LLC and
WELSPUN PIPES INC.

DEFENDANTS

ORDER
1. For the reasons stated on the record at the 15 March 2012 hearing, the
Defendants' objection to the third-party subpoena is overruled. Defendants
lack standing. The parties should work together, however, to amend the
agreed protective order, Document No. 18, to cover third-party disclosures.
The proposed amended protective order should be submitted to chambers by
26 March 2012; and production under the third-party subpoena is delayed
until 2 April 2012 so the amended protective order may be entered before the
disclosures are made.
2. The Defendants' objections to the Plaintiffs' interrogatories and
requests for production, and to the scope of the planned Rule 30(b)(6)
I'

deposition, are also overruled. The requested information may lead to
admissible evidence about whether allegedly exempt employees are similarly
situated.

Defendants have until 15 May 2012 to make the requested

productions and disclosures; and the parties should reschedule the Rule
30(b)(6) deposition to occur after that date. In light of this delay, the Court
will consider extending the conditional-certification-motion deadline if
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necessary.
So Ordered.

D.P. Marshall Jr.

United States District Judge

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