The Estate of Eva Boles v. National Heritage Realty, Inc. et al

Filing 102

ORDER granting in part and denying in part 96 Motion to Stay. Signed by David A. Sanders on 4/12/10. (ncb, USDC)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION THE ESTATE OF EVA BOLES By And Through ELIZA PRICE, Administratrix of THE ESTATE OF EVA BOLES For The Use And Benefit Of The Wrongful Death Beneficiaries of EVA BOLES V. NATIONAL HERITAGE REALTY, INC., ET AL. ORDER

PLAINTIFF CIVIL ACTION NO. 4:07cv99-SA-DAS DEFENDANTS

Before the court is the defendants' Emergency Application for Stay of the court's Order granting the plaintiff's motion to compel (# 96). The court, having today conducted a telephonic hearing with counsel for the parties, rules as follows: 1. The defendants' motion is hereby granted in part and denied in part. 2. The motion is granted only with respect to the defendants' obligation to produce their general ledger from 2004 to the present, and the ordered production of the same is hereby STAYED pending further order of the court. 3. Pursuant to the defendants' agreement to produce unaudited financial statements and tax returns from 2004 to present, the motion is hereby denied as moot with respect to said documents. The defendants shall produce these documents as soon as they are available, but in any event, on or before April 19, 2010. 4. The court will conduct another status conference on April 26 at 2:00 p.m. The parties shall be prepared to address the issue of whether the defendants' production of the unaudited

financial statements and tax returns adequately resolves the issues raised in the plaintiff's motion to compel. SO ORDERED this 12th day of April, 2010.

/s/ David A. Sanders U. S. MAGISTRATE JUDGE

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