v. LAYNE

Filing 39

ORDER: re Defendants' 34 MOTION to Compel, Motion for Sanctions and Motion to Exclude - Court determines to address the motion through a telephonic hearing. (Telephone Hearing set for 3/31/2011 10:30 AM in U.S. Courthouse Gainesville before MAGISTRATE JUDGE GARY R JONES.). Signed by MAGISTRATE JUDGE GARY R JONES on 3/25/2011. (jws)

-GRJ ONSITE HEALTHCARE SERVICES INC v. LAYNE et al

Doc. 39

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION ONSITE HEALTHCARE SERVICES, INC., Plaintiff, v. CASSI LAYNE, TONY LAYNE and SENIOR DENTAL CARE, LLC, Defendants. _____________________________/ ORDER Pending before the Court is Defendants' Motion To Compel, Motion For Sanctions And Motion To Exclude (Doc. 34) to which Plaintiff has filed a Response. (Doc. 37.) Defendants request the Court to enter an order compelling Defendants to produce certain documents and awarding sanctions against Plaintiff including excluding documents, testimony and witnesses. Plaintiff has filed a response addressing the particular discovery requests in dispute. In addition Plaintiff points out that because there was insufficient time for counsel to meet and confer before the motion was filed a number of issues in dispute were not resolved that could have and should have been resolved by the parties. As a general practice the Court would have directed the parties to meet and confer (again) before Court intervention. However, based upon the nature of the disputed issues the Court determines that the most efficient method of addressing the motion is through a telephonic hearing. Accordingly, a telephonic hearing to address the above referenced motion is scheduled before Magistrate Judge Gary R. Jones on Thursday, March 31, 2011 at CASE NO. 5:10-cv-237-RS -GRJ

Dockets.Justia.com

Page 2 of 2

10:30 AM (Eastern Day Light Savings Time). Counsel for Defendants shall initiate the conference call through the use of a conference call operator and when all counsel are on line and ready to proceed the undersigned should be contacted at [phone].1 Because the parties have not conferred in good faith to address all of the issues in the motion to compel the parties are directed to do so prior to the hearing in an effort to narrow the issues in dispute. In the event the Court must address any discovery issue at the telephonic hearing, about which the parties have not conducted a good faith conference to resolve, the Court will award attorney's fees to the party who prevails. Any scheduling changes should be directed to the undersigned's courtroom deputy, Adelita Tinaya-Miller at [phone]. DONE AND ORDERED this 24th day of March, 2011.

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

The quality of the audioconference is com prom ised by the use of cell phones or speaker phones and counsel are requested not to use those devices during the call.
Case No: 5:10-cv-0237-RS -GRJ

1