POWER GUARDIAN LLC v. DIRECTIONAL ENERGY CORPORATION

Filing 44

ORDER GRANTING 41 Motion to Compel; GRANTING 42 Motion to Compel; and GRANTING 43 Motion to Compel. Ordered by Judge Marc Thomas Treadwell on 5/7/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
POWER GUARDIAN, LLC,
Plaintiff,
v.
DIRECTIONAL ENERGY CORP. and
FTC ENERGY, INC.,
Defendants.

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CIVIL ACTION NO. 5:12-CV-236 (MTT)

Before the Court are the Plaintiff’s motions to compel the Defendants to respond
to discovery requests. (Docs. 41, 42, 43). The Plaintiff has made several attempts to
obtain written discovery responses from the Defendants but the Defendants have
ignored them. Moreover, the Defendants have not responded to the Plaintiff’s motions
to compel. Accordingly, the Plaintiff’s motions are GRANTED, and the Court ORDERS
as follows:
Directional Energy Corp.
1. Allen Staff, president of Directional Energy, Inc., shall appear and submit to
oral deposition in Macon, Georgia with all requested documents to be
produced at that deposition. Conrad Staff, director, treasurer, and secretary
of Directional Energy, shall also appear and submit to oral deposition in
Macon, Georgia with all requested documents to be produced at that
deposition.
2. Directional Energy shall pay to the Plaintiff all costs of these depositions,
including the Plaintiff’s attorney’s fees and the costs of recording and

transcripts. Additionally, Directional Energy shall pay to the Plaintiff its actual
expenses incurred in making its motion to compel, including attorney’s fees,
pursuant to Fed. R. Civ. P. 37(a)(5)(A).
3. All Requests for Admissions submitted to Directional Energy are deemed
admitted pursuant to Fed. R. Civ. P. 36(a)(3).
FTC Energy, Inc.
4. Joe Shepard shall appear and submit to oral deposition in Macon, Georgia
with all requested documents to be produced at that deposition. Janie M.
Ray, a.k.a. Janie R. Shepard, shall also appear and submit to oral deposition
in Macon, Georgia with all requested documents to be produced at that
deposition.
5. FTC Energy shall pay to the Plaintiff all costs of these depositions, including
the Plaintiff’s attorney’s fees and the costs of recording and transcripts.
Additionally, FTC Energy shall pay to the Plaintiff its actual expenses incurred
in making its motion to compel, including attorney’s fees, pursuant to Fed. R.
Civ. P. 37(a)(5)(A).
6. All Requests for Admissions submitted to FTC Energy are deemed admitted
pursuant to Fed. R. Civ. P. 36(a)(3).
SO ORDERED, this 7th day of May, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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