Bailey v. Stanley Access Technologies, Inc. et al

Filing 79

ORDER granting 67 Motion to Compel. IT IS FURTHER ORDERED that in order to facilitate this discovery, the discovery deadline is hereby extended to 3/2/15, and the Daubert and dispositive motions deadline is extended to 3/27/15. No further extensions will be allowed short of a grant of a trial continuance. Signed by Magistrate Judge Jane M. Virden on 2/13/15. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
MARIAM BAILEY

PLAINTIFF

VS.

CIVIL ACTION NO. 3:14CV72-SA-JMV

STANLEY ACCESS TECHNOLOGIES, ET AL.

DEFENDANTS

ORDER
Before the court is Plaintiff’s Motion to Compel Discovery Responses From Defendant Desoto
Inns, Inc. [67]. The court having thoroughly considered the submissions of the parties and having heard
oral argument during a telephonic hearing held on 2/11/15 finds, consistent with the court’s ruling during
a telephonic conference with the parties, that the motion should be GRANTED strictly as follows:
1. By 5:00 p.m. on Friday, 2/13/15, Defendant Desoto Inns, Inc., shall provide Plaintiff’s counsel
with a list of hotel registrants for the evening of the date of the incident.
2. Plaintiff’s counsel may use the list only for the purpose defined herein and may not disclose it
to a third party.
3. Plaintiff’s counsel may only contact each registrant by phone and request to speak with said
registrant only.
4. Plaintiff’s counsel may identify himself by name only until it is confirmed that he is speaking
with a listed registrant. Upon confirmation that counsel is speaking to a registrant, counsel may proceed
to explain the purpose of the call. Under no circumstance may counsel leave a message for a registrant.
5. If a registrant denies having any information regarding the incident and does not identify
another hotel occupant who witnessed the incident, Plaintiff’s counsel may not initiate any further contact
with said registrant. However, if the registrant admits having information regarding the incident, counsel
may proceed to adduce relevant information from the registrant and must immediately disclose that
witness’s identification information to counsel of record for the other parties. Further, if a registrant

identifies another hotel occupant who witnessed the incident, Plaintiff’s counsel may contact that person
by phone using the foregoing guidelines.
6. Under no circumstance may Plaintiff’s counsel contact a minor without prior approval of this
court.
7. With regard to any sports team registered, counsel may contact only the person(s) responsible
for supervision of the team at the hotel. If said person(s) identifies a minor who witnessed the incident,
counsel must obtain court approval before initiating contact with the minor.
IT IS FURTHER ORDERED, that in order to facilitate this discovery, the discovery deadline is
hereby extended to 3/2/15, and the Daubert and dispositive motions deadline is extended to 3/27/15. No
further extensions will be allowed short of a grant of a trial continuance.
This 13th day of February, 2015.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE