BARTRAM LLC v. C B CONTRACTORS LLC

Filing 416

ORDER re 412 Motion to Compel E-Mails for Deposition by BARTRAM LLC is GRANTED. Signed by MAGISTRATE JUDGE GARY R JONES on 12/23/2011. (jws)

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THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
THE BARTRAM, LLC,
Plaintiff,
v.

CASE NO. 1:09-cv-254-SPM-GRJ

C.B. CONTRACTORS, LLC, and
CAMBRIDGE BUILDERS
& CONTRACTORS, LLC,
Defendants.
_____________________________/

C.B. CONTRACTORS, LLC,
Third-Party Plaintiff,
v.
DUFFIELD ALUMINUM d/b/a DHI ROOFING,
a Florida corporation, et al.,
Third-Party Defendants.
_____________________________/

ORDER
The matter is before the Court on Plaintiff The Bartram, LLC’s Agreed Motion To
Compel E-Mails In Their Native Format From Defendant C.B. Contractors, LLC Prior To
The January 31, 2012 Deposition of Donnie Holland. (Doc. 412.) Plaintiff, The Bartram
LLC (“Bartram”) requests the Court to enter an order granting the agreed motion to
compel Defendant C.B. Contractors, LLC to produce e-mails in their native format on or
before January 23, 2012.

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Bartram advises that C.B. Contractors has agreed to produce emails as they are
maintained on or before January 23, 2012. Bartram represents that it has agreed to
limit the time frame of the emails to the time period of May 1, 2007 through March 31,
2009, a time period immediately before construction to a time period when warrantyrelated work was still ongoing. Bartram also has agreed that C.B. does not need to
produce emails from Len Boyer.
Accordingly, upon due consideration, it is ORDERED that:
Plaintiff The Bartram, LLC’s Agreed Motion To Compel E-Mails In Their
Native Format From Defendant C.B. Contractors, LLC Prior To The
January 31, 2012 Deposition of Donnie Holland (Doc. 412) is GRANTED.
C.B. Contractors shall produce emails in the format as maintained
between May 1, 2007 through March 31, 2009, particularly intra-office
emails, pursuant to Bartram’s third request for production, excluding
emails from Len Boyer. C.B. Contractors shall produce the emails on or
before January 23, 2012 and shall provide Bartram with notice as to
where Bartram should send the external hard drive or zip drive and return
envelope.
DONE AND ORDERED this 23rd day of December, 2011.

s/ Gary R. Jones s/GaryR.Jone
GARY R. JONES
United States Magistrate Judge

Case No: 1:09-cv-254-SPM -GRJ