HOARD v. CROSBY TRUCKING SERVICE, INC. et al

Filing 99

Minute Order for proceedings held before Magistrate Judge William G. Hussmann, Jr: After Motion Hearing held on 8/20/2010 re 95 First MOTION to Compel filed by MARGARET HULT, the court grants in part and denies in part 95 Motion to Compel. Signed by Magistrate Judge William G. Hussmann, Jr.(NRN)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION ________________________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) CROSBY TRUCKING SERVICE, INC., ) J.G. WRIGHT and CHARLES F. HULT, ) ) Defendants. ) ________________________________________________) ) ROBERT D. FEASTER, ) ) Plaintiff, ) ) v. ) ) CROSBY TRUCKING SERVICE, INC., ) JAMES G. WRIGHT and CHARLES F. ) HULT, ) ) Defendants. ) ________________________________________________) STEPHANIE HOARD, Individually and as Personal Representative of the Estate of Kerrigan W. Dotson, Deceased; MARGARET HULT, Individually, and AMERICAN NATIONAL TRUST AND INVESTMENT MANAGEMENT COMPANY d/b/a OLD NATIONAL TRUST COMPANY, as Special Administrator of the Estate of JAMIE HULT, and as Guardian of the Minor Estates of JOSHUA HULT and LAUREN Hult,

3:09-cv-85-WGH-RLY

________________________________________________ ) ) ) Plaintiff, ) ) v. ) ) CROSBY TRUCKING SERVICE, INC. ) and J.G. WRIGHT, ) ) Defendants. ) ________________________________________________) ) CLYDE HERBERT DOTSON, II, ) Individually, CLYDE HERBERT ) DOTSON, II, as Surviving Natural Parent ) of KERRIGAN W. DOTSON, Deceased, ) ) Plaintiff, ) ) v. ) ) CROSBY TRUCKING SERVICE, INC., ) CROSBY VENTURES, INC., J.G. ) WRIGHT, CHARLES F. HULT and ) STEPHANIE HOARD, ) ) Defendants. ) ________________________________________________) CHARLES F. HULT,

ORDER ON MOTION TO COMPEL
This matter is before the Honorable William G. Hussmann, Jr., United States Magistrate Judge, on the Motion to Compel filed by plaintiffs Margaret Hult, individually, and American National Trust and Investment Management Company d/b/a Old National Trust Company, as Special Administrator of the Estate of Jamie Hult, and as Guardian of the Minor Estates of Joshua Hult and

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Lauren Hult, on July 23, 2010. (Docket No. 95). Crosby Trucking Service, Inc.'s Response to Motion to Compel was filed on July 28, 2010. (Docket No. 96). The Magistrate Judge conducted a hearing on August 18, 2010, at 10:00 a.m., at which the parties were presented by counsel. The Magistrate Judge, being duly advised, now enters the following orders: 1. The Motion to Compel is granted, and the defendant's objections are overruled, with respect to Request for Production Nos. 5, 9, 11, 24, 27, and 28. 2. The Motion to Compel is denied as to Request for Production Nos. 2 and 14, based upon the attorney work product doctrine. However, should defendant Crosby Trucking Service disclose the investigator as an expert or fact witness in this case, it will at that time be required to comply with the Request for Production as to these two items. 3. The Motion to Compel is denied as to Request for Production No. 26. 4. As to Request for Production No. 13, the Motion to Compel is denied. However, defendant Crosby Trucking Service shall provide a blank form of each and every document which was actually provided to James G. Wright on the date of this incident. 5. The Motion to Compel as to Request for Production No. 18 is granted, in part, as to items D and both E only. The Motion to Compel is denied as to the balance of Request for Production No. 18. 6. As to Request for Production No. 23, the Motion to Compel is granted, in part. Defendant Crosby Trucking Service shall provide those items which

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were, in fact, provided to James G. Wright only and will not be required to produce those furnished to other drivers. 7. The Motion to Compel is granted as to Supplemental Request for Production Nos. 2 and 9. 8. The Motion to Compel is denied in all other respects except as specified above. Defendant Crosby Trucking Service shall produce the items required herein not later than thirty (30) days from the date of this order. SO ORDERED. Dated: August 20, 2010

__________________________ William G. Hussmann, Jr. United States Magistrate Judge Southern District of Indiana

Electronic copies to: Daniel Sherwood Chamberlain DOEHRMAN & CHAMBERLAIN [e-mail] Lori Ann Coates DUFFIN & HASH, LLP [e-mail] Robert R. Foos LEWIS WAGNER, LLP [e-mail] Katherine Rose Gould LEWIS WAGNER LLP [e-mail]

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Richard D. Hailey RAMEY & HAILEY [e-mail] Robert Wayne Hash DUFFIN & HASH LLP [e-mail] R. Courtney Hughes HUGHES LAW FIRM [e-mail] Justin W. Leverton RAMEY & HAILEY LAW FIRM [e-mail] Terry Ross Noffsinger NoffsingerLAW, p.c. [e-mail] Ryan Ray Rice HUGHES LAW FIRM [e-mail] Jon F. Schmoll LANGER & LANGER [e-mail] John Carl Trimble LEWIS WAGNER LLP [e-mail] W. Thomas Ward WARD & ASSOCIATES, PLLC [e-mail]

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