Brown v. Beverly Construction Company

Filing 39

Minute Order. Proceedings held before Magistrate Judge Michael North: Motion Hearing held on 2/4/2015 re 28 MOTION to Compel filed by Jerome Brown, 30 MOTION to Dismiss filed by Beverly Industries, LLC. (Court Reporter Arlene Movahed.) (lag)

MINUTE ENTRY
NORTH, M.J.
FEBRUARY 4, 2015

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

JEROME BROWN

CIVIL ACTION

VERSUS

NUMBER: 14-1373

BEVERLY CONSTRUCTION CO.

SECTION: “R”(5)
HEARING ON MOTION

COURT REPORTER: Arlene Movahed
APPEARANCES:
MOTION:
(1)
(2)

:
:

1,2 :

:
:
:
:

MJSTAR(01:00)

1,2 :

Jerome Brown, Brandon Davis

Plaintiff’s Motion to Compel (Rec. doc. 28).
Defendant’s Rule 37(b)(2)(A) Motion to Dismiss (Rec. doc. 30).
Continued to

No opposition
Opposition

Dismissed as moot.

ORDERED

Dismissed for failure of counsel to appear.
Granted.
Denied.
Other:

1: Plaintiff’s Motion to Compel

Defendant is to provide Plaintiff with a copy of the JSA Reports that he
authored during his employment with Beverly and any documentation that
exists concerning racial remarks allegedly made to Plaintiff by Brian Scott. In
all other respects, Plaintiff’s motion is denied for failure to comply with the
Court’s minute entry of January 7, 2015 directing him “to identify in writing
and to thereafter confer with counsel for Defendant as to any . . . information
that has not been produced.” (Rec. doc. 26, p. 2).
Plaintiff is cautioned that he is to adhere to the Federal and Local Rules
before filing any additional discovery motions. Any future such failure will
result in the motion being denied.
2. Defendant’s Rule 37(b)(2)(A) Motion to Dismiss

Given the contradictory and limited authorizations that were provided to
Defendant, Plaintiff is to execute a new set of authorizations before leaving
the courthouse today. Within one (1) week, Plaintiff is to personally handdeliver to counsel for Defendant formal, complete responses to Defendant’s
written discovery requests, without objections, that fully comply with the
Federal Rules of Civil Procedure and the Local Rules of this Court. For any
information or documents sought by Defendant which Plaintiff does not
possess, he is to explain that in writing. After receiving Plaintiff’s responses,
Defendant is to advise the Court, in writing, of the adequacy of those
responses and the hearing on its motion will be reconvened on a date to be
determined. Defendant’s request for relief under Rule 37(b)(2)(A) is taken
under advisement pending compliance with this order. Plaintiff is
specifically cautioned that his failure to comply with any of the terms of
this order will result in the issuance of a Report and Recommendation
recommending this his lawsuit be dismissed.

MICHAEL B. NORTH
UNITED STATES MAGISTRATE JUDGE

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