Bolerjack v. Pepperidge Farm, Inc.
ORDER: The Motion for Protective Order 34 is GRANTED. 38 MOTION to Compel is GRANTED IN PART and DENIED INPART. by Magistrate Judge Boyd N. Boland on 6/7/13. (bnbcd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-02918-PAB-BNB
SONYA BOLERJACK, as an individual, and on behalf of all others similarly situated,
PEPPERIDGE FARM, INC., a Connecticut corporation,
This matter arises on the following:
Defendant’s Unopposed Motion for Protective Order [Doc. # 34, filed
5/24/2013] (the “Motion for Protective Order”); and
Defendant’s Motion to Compel Responses to Discovery [Doc. # 35, filed
5/24/2013] (the “Motion to Compel”).
I held a hearing on the motions this afternoon and made rulings on the record, which are
IT IS ORDERED:
The Motion for Protective Order [Doc. # 34] is GRANTED. The defendant may
have up to 60 days after the electronic discovery protocol and search terms are agreed upon
within which to respond to the plaintiff’s first sets of written discovery.
The Motion to Compel [Doc. # 35] is GRANTED IN PART and DENIED IN
PART as follows:
• GRANTED with respect to Requests for Production Nos. 2, 3, 5, and the request
for the results of the drug test from the clinic in Rifle, Colorado, about which the plaintiff
testified at her deposition; and
• DENIED with respect to Request for Production No. 1.
On or before June 24, 2013, the plaintiff shall:
Provide a supplemental discovery response which complies with all of the
formalities of the Federal Rules of Civil Procedure. Among other things, the supplemental
response must state whether any documents were withheld from production based on any
asserted objection or privilege; must list all withheld documents on a log; and must state either
that all non-privileged responsive documents are being produced or that there are no responsive
Produce all non-privileged responsive documents. In the event the
plaintiff is not in the possession, custody, or control of the drug test from the Rifle clinic, she
shall execute and provide to the defendant a release adequate to allow the defendant to obtain the
drug test results directly from the clinic; and
File and serve certifications from the plaintiff and her counsel that a
thorough search for responsive documents has been completed under the supervision of counsel
and that all non-privileged responsive documents in the plaintiff’s possession, custody, or control
have been produced.
Dated June 7, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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