Martinez v. Tri-State Enterprises LLC et al

Filing 39

ORDER granting in part and denying in part 32 Motion to Compel; denying 33 Motion for Contempt. Signed by Magistrate Judge Jane M. Virden on 11/15/16. (ncb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
ANGEL MARTINEZ, on his
own behalf and on behalf
of all others similarly
situated, Plaintiff
v.

3:16-cv-00032-MPM-JMV

TRI-STATE ENTERPRISES,
LLC; REGINA BROCK; LEE
BROCK; and MICHAEL
BROCK, Defendants

ORDER

This matter comes before the Court on the Plaintiff’s Motion to Compel Discovery
Responses (No. 32) and Motion for Contempt (No. 33). Having been advised of the
agreement of the parties, and finding the agreement well-taken, the Court ORDERS
as follows:
1. The Defendants shall comply with all outstanding obligations directed by this
Court no later than December 1, 2016. These obligations are: 1) service of initial
disclosures and the filing of a certificate of service; 2) service of information in
compliance with the Court’s Order granting class certification (No. 30); 3) payment
of $425 in attorney’s fees to plaintiff’s counsel Matthew Reid Krell.
2. The Defendants shall respond to all outstanding discovery no later than
December 1, 2016 (No. 27). All objections to outstanding discovery are waived.
3. All outstanding requests for admission are admitted (No. 27).
4. The Court finds that the Defendants have failed to answer interrogatories and
respond to requests for inspection or production. Under the Court’s authority under
Fed. R. Civ. P. 37(d)(1)(A)(ii) and 37(d)(3), the Court rules that for the purposes of
this action, all opt-in plaintiffs in this matter shall be deemed to have opted in as of
the date on which the Complaint in this matter was filed. Plaintiff’s counsel is

directed to add the following language to the court-approved notice they will send to
potential class members:
“If you choose to join this action as an opt-in plaintiff, you will be
treated as if you had filed your lawsuit on February 13, 2016. If you
choose to file your own lawsuit, you will be treated as if you had filed
your lawsuit on the date you file it.”
5. The status conference set for January 17, 2017 (No. 31) is CANCELLED. The
Court shall reschedule that conference by separate order.
6. All other relief sought in these two motions is denied without prejudice.
IT IS SO ORDERED this 15th day of November, 2016.

/s/ Jane M. Virden
_
United States Magistrate Judge

2