Knudson v. M/V American Spirit et al

Filing 223

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S SECOND 212 Motion to Compel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JEFFREY TODD KNUDSON,
Plaintiff,

No. 14-14854

v.

District Judge George Caram Steeh
Magistrate Judge R. Steven Whalen

AMERICAN STEAMSHIP COMPANY,
ET AL.,
Defendants.
/
ORDER
For the reasons and under the terms stated on the record on November 7, 2019,
Plaintiff’s Second Motion to Compel Defendants’ Financial Statements, Tax Returns and
Wage Information [ECF No. 212] is GRANTED IN PART AND DENIED IN PART.
The motion is GRANTED as follows:
-Defendants1 will produce what they refer to as their unaudited financial
statements.
-Defendants will produce their own financial documents that they provided to
GATX, their parent company, and which are therefore in Defendants’ constructive
possession. Defendants will request that GATX provide to them all financial information
that they forwarded to GATX in the years 2013 to 2019. If GATX represents that it does
not have responsive documents, or refuses to provide the documents to Defendants, the
Defendants will so inform counsel for Plaintiff.

1

When referred to in the plural, “Defendants” applies to both American Steamship
Company and Liberty Steamship Company.
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-The Plaintiff may also serve a non-party subpoena, under Fed.R.Civ.P. 45, on
GATX, requesting financial information regarding Defendants, including tax documents.
GATX may redact from its tax documents any information not pertaining to Defendants.
Discovery is extended 30 days from the date of this Order solely for the purpose of
allowing Plaintiff to serve the Rule 45 subpoena.
The motion is DENIED as to Plaintiff’s request for the production of additional
wage and earnings information of similarly situated Liberty Steamship Company
employees.
IT IS SO ORDERED.
Dated: November 7, 2019

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE

CERTIFICATE OF SERVICE
I hereby certify on November 7, 2019 that I electronically filed the foregoing paper
with the Clerk of the Court sending notification of such filing to all counsel registered
electronically. I hereby certify that a copy of this paper was mailed to the following nonregistered ECF participants November 7, 2019.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen

-2-