Eastmoor Estates Residents Association et al v. Miller et al
Filing
292
ORDER CONSOLIDATING CASES AND GOVERNING CERTAIN DISCOVERY. Signed by Jane M Virden on 3/20/12. (ncb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
EASTMOOR ESTATES RESIDENTS
ASSOCIATION, ET AL.
VS.
CIVIL ACTION NO. 4:10CV144-NBB-JMV
GLENN MILLER, ET AL.
CONSOLIDATED WITH
SOUTHERN FIRE AND CASUALTY COMPANY
VS.
CIVIL ACTION NO. 4:11CV34-GHD-JMV
GLENN MILLER, ET AL.
ORDER CONSOLIDATING CASES AND
GOVERNING CERTAIN DISCOVERY
Consistent with the court’s oral ruling during a telephonic hearing held in Southern Fire
and Casualty Company v. Miller, Cause No. 4:11cv00034-GHD-JMV (“Southern Fire”), it is
ORDERED:
1. That the Motion for Protective Order (Doc. 81) filed by Emma Bush, Eastmoor
Estates Residents’ Association, Rosland Love, and Lagwunda Pam (collectively “Eastmoor
Defendants”) in the Southern Fire matter is DENIED for the reasons announced by the court on
the record.
2. That the Southern Fire matter is hereby sua sponte consolidated for all purposes,
including trial,1 with Eastmoor Estates Residents’ Association, et al. v. Glenn Miller, et al.,
1
The current trial setting for these consolidated cases is 2/25/13, and the pretrial
conference is scheduled for 1/22/13 (Doc. 291).
Cause No. 4:10cv144-NBB-JMV (“Eastmoor”). However, the parties to the Southern Fire
action are hereby advised that said action will continue in accordance with the pretrial deadlines
previously established in that separate action.2
3. That the Eastmoor matter is hereby designated as the lead case, and all filings shall be
made in the lead case only.
4. That with regard to discovery in the Southern Fire matter, Southern Fire had
previously propounded discovery to the Eastmoor Defendants, who responded entirely with
objections. And, though Southern Fire has filed a Motion to Compel (Doc. 94) complete
responses to that discovery, counsel for Southern Fire has represented that the motion will be
withdrawn. As such, counsel for Southern Fire and the Eastmoor Defendants shall on or before
March 30, 2012, meet and confer in person regarding each discovery request which is the subject
of Southern Fire’s Motion to Compel (Doc. 94). Counsel for said parties will work to resolve
any issues to the extent they are reasonably and professionally able to do so. Counsel for said
parties will also meet and confer for purposes of identifying any written discovery propounded in
the Eastmoor and Southern Fire matters that is duplicative. A particular discovery request need
be answered only once by the responding party. Accordingly, the responding party may answer
any duplicative discovery request by making specific reference to the prior request and its
response.
5. That the Eastmoor Defendants shall have until April 13, 2012, to fully respond to
Southern Fire’s discovery requests– except, of course, those to which they object, despite having
2
Plaintiff’s designation of experts is due by 3/29/12. Defendants’ designation of experts
is due by 4/30/12. Discovery shall be completed by 5/16/12. Dispositive motions shall be filed
by 6/1/12.
2
made a good faith effort to resolve any dispute during the conference.
6. That Southern Fire shall have 14 days from service of the Eastmoor Defendants’
responses to renew its motion to compel. Southern Fire is hereby advised the motion must be in
strict compliance with L. U. CIV. R. 37(b), and that a motion in any other format may be
summarily denied.
7. That the court recognizes that with regard to the Southern Fire deadlines, there is
ample time between the dispositive motions deadline (6/1/12) and the February 25, 2013 trial
setting. Accordingly, the court will entertain any reasonable requests for extensions of the
Southern Fire deadlines.
8. That with respect to depositions in these consolidated cases, all depositions shall be
noticed to all parties. A party who fails to participate in a duly noticed deposition may not later
notice the same deposition.
9. That each party should remain mindful of those deadlines applicable to that party. For
example, parties in the Southern Fire matter shall not engage in discovery, including depositions,
related to that action past May 16, 2012, unless an extension is granted.
SO ORDERED this, the 20th day of March, 2012.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE
3
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