FOLSOM v. MENARD, INC. et al

Filing 381

Minute Order for proceedings held before Magistrate Judge William G. Hussmann, Jr.: Motion Hearing held on 5/18/2011 re 377 MOTION for Protective Order filed by MENARD, INC. The court grants in part and denies in part 377 Motion for Protective Order. Signed by Magistrate Judge William G. Hussmann, Jr.(NRN)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION

MICHAEL R. FOLSOM,
Plaintiff,
v.
MENARD, INC., a Wisconsin Corporation;
CDI, INC., an Indiana Corporation; LAMAR
CONSTRUCTION COMPANY, a Michigan
Corporation; NORTH AMERICAN
ROOFING SERVICES, INC., a Delaware
Corporation; FABCON, INC., a Minnesota
Corporation, FABCON, LLC, a Limited Liability
Company of Delaware; CROWN CONSTRUCTION,
INC., an Indiana Corporation; and GARY’S
PLUMBING SERVICE, INC.,
Defendants.

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ORDER GRANTING, IN PART, AND DENYING,
IN PART, THE MOTION FOR PROTECTIVE ORDER
This matter is before the Honorable William G. Hussmann, Jr., United
States Magistrate Judge, on the Motion for Protective Order filed by Defendant
Menard, Inc., on May 13, 2011. (Docket No. 377). The Plaintiff filed a Response
on May 18, 2011. (Docket No. 379). The Magistrate Judge conducted a
telephonic hearing on May 18, 2011, which, at the parties’ request, was not
recorded.
The Magistrate Judge, being duly advised, GRANTS, in part, and DENIES,
in part, the Motion for Protective Order, as follows:

1. Menard, Inc. (“Menard”) shall answer Interrogatory Nos. 1 and 2 only
and shall respond to Request for Production No. 1 only. No other interrogatories
or requests for production need be responded to.
The responses to the interrogatories and production of documents shall be
provided by Menard to its counsel, in paper form only, on or before June 18,
2011. Menard’s counsel shall notify Plaintiff’s counsel of the receipt of those
items by not later than ten (10) days from the date of their receipt, and shall
submit a notification to the court that Menard has complied with this order.
Menard’s counsel shall maintain the information in a confidential manner,
and it shall not be disclosed until the completion of the final pretrial conference
set for September 12, 2011. At the completion of the final pretrial conference,
the information shall be disclosed to the Plaintiff’s counsel for their eyes only
until further order of the court. Plaintiff’s counsel shall use the information
obtained from their review for the purposes of this litigation only, shall make no
copies of the information, and shall return all information to Menard’s counsel at
the completion of the litigation.
2. The request for a 30(b)(6) deposition limited to issues surrounding
answers to Interrogatory Nos. 1 and 2 and Request for Production No. 1 is
GRANTED, in part, and DENIED, in part. No such deposition shall be taken
until after the final pretrial conference, and any such deposition shall relate only
to Interrogatory Nos. 1 and 2 and Request for Production No. 1. That deposition
will be attended by the Plaintiff’s attorneys only and shall be conducted in

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Vanderburgh County, Indiana, prior to the date the trial commences, unless the
parties jointly agree to a different location.
SO ORDERED.
Dated: May 23, 2011
__________________________
William G. Hussmann, Jr.
United States Magistrate Judge
Southern District of Indiana

Electronic copies to:
Gerald F. Allega
STATHAM ALLEGA JESSEN & RUDISILL
[e-mail]
Bradley A. Bough
WRIGHT SHAGLEY & LOWERY
[e-mail]
Jake A. Cilek
THE HUNT LAW GROUP LLC
[e-mail]
Kathleen A. Clark
DAWSON & CLARK, P.C.
[e-mail]
Aimee Rivera Cole
SMITH FISHER MAAS & HOWARD
[e-mail]
Donald H. Dawson Jr
DAWSON & CLARK, P.C.
[e-mail]
James L. Fischer Jr.
BOEHL STOPHER & GRAVES, LLP
[e-mail]

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Danny E. Glass
FINE & HATFIELD
[e-mail]
Jeffrey W. Henning
RUDOLPH FINE PORTER & JOHNSON, LLP
[e-mail]
Brian J. Hunt
THE HUNT LAW GROUP LLC
[e-mail]
John J. Kreighbaum
FINE & HATFIELD
[e-mail]
Marcum Jarvis Lloyd
SMITH FISHER MAAS & HOWARD P.C.
[e-mail]
Rebecca Jean Maas
SMITH FISHER MAAS & HOWARD
[e-mail]
Curtis Paul Moutardier
BOEHL STOPHER & GRAVES LLP
[e-mail]
William Scott Trench
THE HUNT LAW GROUP LLC
[e-mail]
Scott Lee Tyler
Waters, Tyler, Scott, Hofmann & Doane, LLC
[e-mail]
Robert L. Wright
WRIGHT SHAGLEY & LOWERY, P.C.
[e-mail]

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