AGSouth Genetics, LLC et al v. Farmers Best Fertilizers, Inc. et al

Filing 29

ORDER directing the Defendants to serve on the Plaintiffs, all outstanding discovery responses and a supplemental production by this Friday, June 24, 2016. Signed by Magistrate Judge Brian K. Epps on 6/23/16. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
PLANTATION SEED CONDITIONERS,
INC., et al.,

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Plaintiffs,
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v.
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FARMERS BEST FERTILIZER, INC., et al., )
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Defendants.
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)
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Plaintiffs,
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v.
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FARMERS BEST FERTILIZER, INC., et al., )
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Defendants.
)

CV 314-138

AGSOUTH GENETICS, LLC, et al.,

CV 314-124

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ORDER
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Upon request by Plaintiffs’ counsel, the Court conducted a phone conference to
discuss the status of discovery on June 21, 2016. During the conference, counsel for both
parties agreed to the following facts and time line of events. In February 2016, Defendants
served Plaintiffs with their first request for admissions, first request for production, and first
interrogatories in the two captioned civil actions. After a consent extension of the response
deadline to April 4, 2016, and a second consent extension to April 25, 2016, Defendants

produced documents on April 25, 2016, and responded to the request for admissions.
Defendants failed to serve responses to the interrogatories and document requests. The
document production was not bates-stamped.
As of today, Defendants have still not served these discovery responses despite
repeated reminders and entreaties from Plaintiffs. Citing excuses that include his busy law
practice, the complexity of the case, and an illness of Defendant Daniel Cook, defense
counsel promised he would serve all outstanding discovery responses and a supplemental
production by this Friday, June 24, 2016. The Court ORDERS Defendants to do so and
cautions defense counsel that, as explained during the conference, discovery deadlines are to
be taken seriously and not brushed aside. A similar pattern of conduct by defense counsel
occurred recently in CV 315-072. Additional abuses of the discovery process by defense
counsel in any civil action will serve as cause for consideration of sanctions.
SO ORDERED this 23rd day of June, 2016, at Augusta, Georgia.

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