Jackson v. City of Greenwood et al

Filing 22

ORDER granting in part and denying in part 20 Motion to Compel. Signed by Magistrate Judge Jane M. Virden on 10/21/15. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

TOMMY L. JACKSON

PLAINTIFF

V.

NO. 4:15CV00068-GHD-JMV

CITY OF GREENWOOD, ET AL.

DEFENDANTS

ORDER

This matter is before the Court on collective defendants’ motion to compel [20] pursuant
to FED.R.CIV.P. 37. Consistent with the Court’s ruling during a telephonic hearing held today,
the Court finds that the motion is, in all but one respect, well taken and orders counsel for the
plaintiff to promptly confer with his client regarding the defendant’s interrogatories propounded
to him, including Interrogatory No. 16 and his, heretofore, unverified responses thereto, as well
as his response to the request for production of tax returns. Counsel must advise the plaintiff of
the necessity for his sworn verification of interrogatory responses and the ramifications of failing
to verify answers to interrogatories (including potential dismissal of the complaint for failure to
prosecute), as well as potential consequences of verified but untrue responses.
The Court does not, however, find that the period of time covered by Interrogatory No.
16 (10 years) is reasonable and, therefore, finds the plaintiff should limit his verified response
thereto to a 5 year period from today’s date. The verified interrogatory responses, including the
response to Interrogatory No. 16, must be provided to the defendant on or before Tuesday,
October 27, 2015 at 5:00 p.m.

Finally, counsel for the plaintiff shall inquire of the plaintiff whether he has previously
filed income tax returns over the course of the past 5 years, and this information shall be
provided to defense counsel together with the verified interrogatory responses.
SO ORDERED this, the 21st day of October, 2015.

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

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