Sims v. State Farm Mutual Automobile Insurance Company

Filing 49

ORDER denying 35 Motion. Signed by Judge J. Leon Holmes on 3/26/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ALEXANDRA SIMS
v.

PLAINTIFF
No. 4:13CV00371 JLH

STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY

DEFENDANT
ORDER

Alexandra Sims has filed a motion for sanctions for failure to attend a Rule 30(b)(6)
deposition and violation of a previous discovery order entered by the Court, as well as a motion to
compel production of documents before April 2 and a motion to deem requests for admission
admitted. Discovery in this case is proceeding in conjunction with discovery in Richard K. Toland
v. State Farm Mutual Automobile Insurance Company, E.D. Ark. No. 2:12CV00044 JM. A similar
motion was filed in the Toland action, and Judge Moody denied the request for sanctions but
provided that the plaintiff may take the deposition of the defendant’s Rule 30(b)(6) witness and may
explore document retention issues at that time. The undersigned agrees with Judge Moody that
sanctions are not warranted and orders that the plaintiff may take the deposition of the defendant’s
Rule 30(b)(6) witness and may explore document retention issues at that time. The defendant in a
lengthy response indicates that all of the discoverable documents have already been produced. The
motion filed by Alexandra Sims is therefore DENIED. Document #35.
IT IS SO ORDERED this 26th day of March, 2015.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE