Leger v. State Farm Fire & Casualty Insurance Co

Filing 21

RULING AND ORDER: re 17 Motion to Compel. IT IS ORDERED that the defendant's Motion for Order Compelling Production of Records (Rec.Doc. 17) is GRANTED as follows in this order. Signed by Magistrate Judge Patrick J Hanna on 3/31/2011. (crt,Putch, A)

Leger v. State Farm Fire & Casualty Insurance Co

Doc. 21

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION KEITH LEGER VERSUS STATE FARM FIRE AND CASUALTY COMPANY CIVIL ACTION NO. 10-1364 JUDGE HAIK MAGISTRATE JUDGE HANNA

RULING AND ORDER Before the undersigned is defendant's Motion for Order Compelling Production of Records. (Rec. Doc. 17). In the motion, defendant asks for an order from the court compelling the Federal Detention Center at Oakdale, Louisiana and the U.S. Small Business Administration (SBA) to release certain records relevant to plaintiff and this litigation. Plaintiff has refused to sign a release for the records, and the agencies are unable to release the information without a release or a court order. See 5 U.S.C. § 552a(b)(11); Gilbreath v. Guadalupe Hospital Foundation, Inc., 5 F.3d 785, 791 (5 th Cir. 1993). The United States Attorney for the Western District of Louisiana responded to the motion to compel, stating the BOP and SBA had no objection to production of the requested records upon entry of an order by the court to produce same.1 Over twenty-one days have passed since the motion to compel was filed, and the plaintiff has not filed any opposition to the motion. Therefore, the motion is unopposed.

1

See Response to Motion to Compel (Rec. Doc. 20).

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After review of the motion and the requested records, it appears to the undersigned that the records sought are discoverable. Therefore, IT IS ORDERED that the defendant's Motion for Order Compelling Production of Records (Rec. Doc. 17) is GRANTED as follows: 1) The U.S. Department of Justice, Federal Bureau of Prisons, shall produce to counsel for State Farm the hour/time records requested in State Farm's subpoena and notice of records deposition within 20 days of the date of this Order; The U.S. Small Business Administration shall produce to counsel for State Farm the loan records requested in State Farm's subpoena and notice of records deposition within 20 days of the date of this Order.

2)

Lafayette, Louisiana, this 31 st day of March, 2011.