Garecht v. Professional Transportation, Inc. et al

Filing 71

ORDER MOOTING 61 Motion to Compel; DENYING 68 Motion to Stay. Signed by Magistrate Judge Donald G. Wilkerson on 5/20/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHN GARECHT,
Plaintiff,
v.
PROFESSIONAL
INC.,
Defendant.

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Case No. 3:14-cv-378-SMY-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion to Compel Production of Documents filed by
Plaintiff, John Garecht, on March 30, 2016 (Doc. 61) and the Motion to Stay filed by Plaintiff on
April 29, 2016 (Doc. 68). The Motion to Compel is MOOT and the Motion to Stay is DENIED.
Plaintiff served a subpoena for the production of documents on Union Pacific Railroad
Company, a third party to this litigation, on October 20, 2015. Union Pacific responded to the
subpoena and provided responsive documents.

However, it did not provide documents

responsive to request 4:
All work train crew hours of service reports, as defined and required the 49 C.F.R.
228.11 [sic], made to the UP that correspond with the dates disclosed by the UP
showing PTI providing ground transportation services. (You may redact the
names and other identifying information of the UP train crews.)
(Doc. 61-1, p. 4).
Plaintiff argues that such information is relevant to his claims and that Union Pacific has not
provided a justification for withholding responsive documents.

Since filing the motion to

compel, Union Pacific has been providing additional documents to Plaintiff. Plaintiff therefore
requests that a ruling on the motion to compel be stayed. Instead, the Court directs Plaintiff to
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refile his motion to compel if the current production does not satisfy the subpoena.
IT IS SO ORDERED.
DATED: May 20, 2016

DONALD G. WILKERSON
United States Magistrate Judge

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