Wagner v. Discover Financial Services, LLC

Filing 56

ORDER: 45 MOTION to Compel Discovery, Extend Deadlines, and Impose Discovery Sanctions, Including Striking the Affidavits Attached to Discover Bank's Motion to Compel Arbitration and Reply in Support of Motion to Compel Arbitration is GRANTED IN PART and DENIED IN PART. Discovery responses due by 7/9/13. by Magistrate Judge Boyd N. Boland on 6/25/13. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-02786-MSK-BNB
WALTER F. WAGNER,
Plaintiff,
v.
DISCOVER BANK,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the plaintiff’s Motion to Compel Discovery, Extend Deadlines,
and Impose Discovery Sanctions, Including Striking the Affidavits Attached to Discover
Bank’s Motion to Compel Arbitration and Reply in Support of Motion to Compel
Arbitration [Doc. # 45, filed 5/16/2013] (the “Motion to Compel”). I held a hearing on the
Motion to Compel this morning and made rulings on the record, which are incorporated here.
IT IS ORDERED:
(1)

The Motion to Compel [Doc. # 45] is GRANTED IN PART and DENIED IN

PART as follows:
•GRANTED to preclude Discover Bank from relying on the testimony or
evidence provided by the 76 current and former employees disclosed by Discover Bank on May
1, 2013;
•GRANTED to require Discover Bank to disclose the last known addresses of the
76 current and former employees disclosed by Discover Bank on May 1, 2013;

•GRANTED to require Discover Bank to provide full and complete answers, in
writing and under oath, to Interrogatories 6 and 9;
•GRANTED to require Discover Bank to produce a copy of the Nationwide
Credit Inc. Collector History Notes (Bates DISBNK000257-265) withheld from discovery on a
claim of attorney-client privilege and work product immunity. I have reviewed the document in
camera and conclude that it does not contain privileged communications between a lawyer and
his or her client nor was it prepared in anticipation of litigation;
•GRANTED to require Discover Bank to produce unredacted copies of the
policies concerning Third Party Communication, Call Monitoring/Recording, and Reestablishing Contact; and
•DENIED in all other respects.
(2)

Discover Bank shall provide the additional information and discovery responses

consistent with this order on or before July 9, 2013
Dated June 25, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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