Toffoloni v. LFP Publishing Group, LLC

Filing 91

ORDER granting in part and denying in part 75 MOTION to Compel Discovery Response filed by Maureen Toffoloni, granting in part and denying in part 73 MOTION for Protective Order Regarding Plaintiff's "Punitive Damages" Discovery filed by LFP Publishing Group, LLC. Motion for Protective Order is GRANTED and Motion to Compel is DENIED with respect to the discovery directed to the Non-Parties; and the Motion for Protective is DENIED and Motion to Compel is GRANTED with respect to the discovery directed to LFP. Signed by Judge Thomas W. Thrash, Jr on 2/22/10. (dr)

Toffoloni v. LFP Publishing Group, LLC

Doc. 91

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ) ) ) ) ) Plaintiff, ) ) vs. ) ) LFP PUBLISHING GROUP, LLC, ) d/b/a Hustler Magazine, et al, ) ) Defendant. ) MAUREEN TOFFOLONI, as Administrator and Personal Representative of the ESTATE OF NANCY E. BENOIT,

CASE NO. 1:08-cv-00421-TWT

ORDER This matter having come before the Court on Defendant LFP Publishing Group, LLC's ("LFP") Motion for a Protective Order, Docket Index ("D.I.") 73, and Plaintiff's Motion to Compel, D.I. 75, regarding Plaintiff's request for discovery of certain financial information of LFP and non-parties L.F.P., Inc., LE Publishing Advisors, LLC and LE Publishing, LLC (collectively the "NonParties") through Plaintiff's First Interrogatories, First Request for Production of Documents, and Notice of Rule 30(b)(6) Deposition to LFP; and the Court having reviewed written submissions and heard oral argument from the parties, the Court

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hereby grants in part, and denies in part, Defendant's Motion for Protective Order and Plaintiff's Motion to Compel. It is HEREBY ORDERED that Defendant's Motion for Protective Order is GRANTED and Plaintiff's Motion to Compel is DENIED with respect to the discovery directed to the Non-Parties (Plaintiff's Interrogatories Nos. 8 & 9; Requests for Production of Documents Nos. 3-4 & 6-7; and Notice of 30(b)(6) Deposition Topic Nos. 4, 9 & 11); and that Defendant's Motion for Protective Order is DENIED and Plaintiff's Motion to Compel is GRANTED with respect to the discovery directed to LFP (Plaintiff's Interrogatory No. 7; Requests for Production of Documents Nos. 2 & 5; and Notice of 30(b)(6) Deposition Topic Nos. 3, 8 & 10. SO ORDERED, this 22nd day of February, 2010.

/s/Thomas W. Thrash

Hon. Thomas W. Thrash, Jr. United States District Court Judge

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PREPARED BY: S. Derek Bauer Georgia Bar No. 042537 MCKENNA LONG & ALDRIDGE LLP 303 Peachtree Street, Suite 5300 Atlanta, Georgia 30308 [phone] [phone] (facsimile) Attorneys for LFP Publishing Group, LLC d/b/a Hustler Magazine, et al.

APPROVED AS TO FORM: Richard P. Decker Georgia Bar No. 215600 HALLMAN & WINGATE, LLC 166 Anderson Street, S.E. Suite 210 Marietta, GA 30060 [phone] Attorneys for Maureen Toffoloni

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