Resolute FP Augusta, LLC v. SFC Contract Services of Georgia, LLC et al

Filing 36

ORDER granting 33 MOTION for Discovery to Conduct Destructive Testing subject to conditions as outlined in this Order. Signed by Magistrate Judge Brian K. Epps on 07/18/2018. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

RESOLUTE FP AUGUSTA, LLC,
Plaintiff,
v.

SFC CONTRACT SERVICES OF
GEORGIA, LLC, and ALL-SAFE
INDUSTRIAL SERVICES, INC.,
Defendant.

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CV 117-147

ORDER
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For the reasons discussed at the July 18, 2018 phone conference, the Court GRANTS
Plaintiff’s Motion for Leave to Conduct Destructive Testing (doc. no. 33) subject to the
following conditions: (1) the parties will finalize the testing protocol quickly and inform the
Court of any lingering disputes as soon as they are apparent; (2) the parties shall conduct the
testing expeditiously; (3) the testing will not result in postponement of any deadlines or trial;
(4) defense attorneys and experts may attend the testing; (5) Defendants may take highresolution photographs of the bolt before testing occurs; (6) expert depositions regarding the
testing, if any, shall occur as soon as possible after the test results are finalized and
published; and (7) the parties may challenge by Daubert motion any expert opinions related
to the testing.

Concerning the disputed claim by Plaintiff of work product privilege for witness
interview notes, the parties agreed as follows: (1) Defendant All-Safe shall provide Plaintiff
with a list of “I don’t know” deposition responses by July 23, 2018; (2) Plaintiff shall
provide relevant excerpts from the interview notes of the deponent, explain there is no
relevant excerpt from the interview notes of the deponent, or stand on the work product
objection by July 31, 2018; and (3) Plaintiff shall file a motion to compel regarding any
remaining issues, notify the Court by email of the need for a telephone conference to resolve
any remaining issues, or notify the Court by email of a full and complete resolution of all
issues, by August 3, 2018.
SO ORDERED this 18th day of July, 2018, at Augusta, Georgia.

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