BROWN v. AUTOMOTIVE COMPONENTS HOLDINGS, LLC. et al

Filing 65

ORDER on 1/31/08 Telephonic Status Conference: Parties appeared by counsel. Argument heard regarding Defts' motion to compel 59 . For the reasons more fully set forth during this conference, the Court made the following rulings (See Order). Defts' counsel shall confer with the Defts regarding Defts' updated settlement position and promptly advise the Magistrate Judge of this position. Signed by Magistrate Judge Tim A. Baker on 2/5/08. (SWM)

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BROWN v. FORD MOTOR CO. et al Doc. 65 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION LETECIA D. BROWN, Plaintiff, vs. AUTOMOTIVE COMPONENTS HOLDINGS, LLC, et al., Defendants. ) ) ) ) ) ) ) ) ) ) 1:06-cv-1802-RLY-TAB ORDER ON JANUARY 31, 2008, TELEPHONIC STATUS CONFERENCE Parties appeared by counsel January 31, 2008, for a telephonic status conference. Argument heard regarding Defendants' motion to compel [Docket No. 59.] For the reasons more fully set forth during the conference, the Court made the following rulings: 1. Defendants' motion is granted with respect to Plaintiff's records involving treatment from mental health providers. Plaintiff's claim for emotional distress damages puts her mental condition at issue, and therefore these records must be produced. Plaintiff shall sign medical releases within 20 days permitting Defendants to obtain these records directly from Plaintiff's mental health providers. 2. Defendants' motion is denied in part with respect to employment records from Plaintiff's current employer. Given the disputed relevance of these documents, and Plaintiff's legitimate concerns about dragging her current employer into this litigation, Defendants may not access these employment records directly from Plaintiff's current employer. Instead, Plaintiff shall obtain the requested records from her employer and provide them to the Defendants within 20 days. If Defendants believe that this production is incomplete or otherwise insufficient, Dockets.Justia.com Defendants may request a telephonic status conference to revisit the need for obtaining these records directly from Plaintiff's employer, provided that Defendants first comply with the requirements of Local Rule 37.1. 3. The remaining issue raised in Defendants' motion to compel remains under advisement pending the filing of Defendants' reply brief. In addition to the foregoing rulings regarding Defendants' motion to compel, the Court also extends the liability discovery deadline to March 3, 2008, and the summary judgment deadline to April 3, 2008. Finally, Defendants' counsel shall confer with the Defendants regarding Defendants' updated settlement position and promptly advise the Magistrate Judge of this position. Dated: 02/05/2008 _______________________________ Tim A. Baker United States Magistrate Judge Southern District of Indiana 2 Copies to: A. Richard Blaiklock LEWIS & WAGNER rblaiklock@lewiswagner.com Stephanie Lynn Cassman LEWIS & WAGNER scassman@lewiswagner.com Carmen N. Couden FOLEY & LARDNER LLP ccouden@foley.com David J. B. Froiland FOLEY & LARDNER LLP dfroiland@foley.com Denise K. LaRue HASKIN LAUTER & LARUE dlarue@hlllaw.com Ericka McCaskill BERKOWITZ OLIVER WILLIAMS SHAW & EISENBRANDT LLP emccaskill@bowse-law.com Timothy S. Millman BERKOWITZ OLIVER WILLIAMS SHAW & EISENBRANDT LLP tmillman@bowse-law.com Hannesson Ignatius Murphy BARNES & THORNBURG LLP hmurphy@btlaw.com 3

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