Kay et al v. Peak Water Systems LLC et al

Filing 65

ORDER granting in part and denying in part 56 Motion to Compel. Peak and Foxborough are entitled to much of what they seek, though not all. Plaintiffs' supplemental responses due by 15 August 2014. Signed by Judge D. P. Marshall Jr. on 7/22/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MARVIN and LAURA KAY

v.

PLAINTIFF

No. 4:13-cv-487-DPM

PEAK WATER SYSTEMS LLC and
FOXBOROUGH ENERGY COMPANY LLC

DEFENDANTS

ORDER

1. Joint motion to compel, NQ 56, granted in part and denied in part.
Peak and Foxborough are entitled to much of what they seek, though not all.
Plaintiffs' supplemental responses due by 15 August 2014. Here are the
particulars.
2. Granted as to the expert disclosures.
3. Granted as to interrogatories 1, 2, 3, & 9, and mostly denied without
prejudice on 7 & 8. Defendants are entitled to the certainty that will be
provided by specific lists of documents and people. The injury/ damage
questions, though, are beyond the scope of phase 1 discovery. Defendants are
right that these issues might provide a window on migration. But plaintiffs
have said enough for now- it is apparent to the Court that there are no

obvious injuries or damages to plaintiffs' property beyond the possible unjust

enrichment from the alleged subsurface trespass.

Plaintiffs should

supplement by confirming this preliminary assessment.

That will be

sufficient for now.
4. On the requests for production, Plaintiffs shall supplement as
Defendants request on 2, 3, 7, 8 & 20. The joint motion is granted as to those,
but denied without prejudice as to 13, for the reasons stated.
Injuries/ damages can, in general, be on hold beyond the confirming
supplement ordered above.

5. Granted as to requests for admission 5, 6, 7, and denied without
prejudice as to 11 & 12.
So Ordered.
D.P. Marshall Jr.
United States District Judge
22 July 2014

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