Cooper et al v. Meritor, Inc. et al

Filing 471

ORDER granting in part and denying in part (461) Motion to Compel in case 4:16-cv-00052-DMB-JMV; granting in part and denying in part (386) Motion to Compel in case 4:16-cv-00053-DMB-JMV; granting in part and denying in part (388) Motion to Compel in case 4:16-cv-00054-DMB-JMV; granting in part and denying in part (388) Motion to Compel in case 4:16-cv-00055-DMB-JMV; granting in part and denying in part (386) Motion to Compel in case 4:16-cv-00056-DMB-JMV. Signed by Magistrate Judge Jane M. Virden on 1/11/18. Associated Cases: 4:16-cv-00052-DMB-JMV, 4:16-cv-00053-DMB-JMV, 4:16-cv-00054-DMB-JMV, 4:16-cv-00055-DMB-JMV, 4:16-cv-00056-DMB-JMV (ncb)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
BRENDA J. COOPER, ET AL.
versus
MERITOR, INC., ET AL.

PLAINTIFFS
Civil Action No. 4:16-cv-52-DMB-JMV
DEFENDANTS
- Consolidated With –

JOE E. SLEDGE, ET AL.
versus
MERITOR, INC., ET AL.

PLAINTIFFS
Civil Action No. 4:16-cv-53-DMB- JMV
DEFENDANTS

- and KATHERINE LONGSTREET COOKE, ET AL.
PLAINTIFFS
versus
Civil Action No. 4:16-cv-54-DMB-JMV
MERITOR, INC., ET AL.
DEFENDANTS
SRA INVESTMENTS, LLC, ET AL.
versus
MERITOR, INC., ET AL.

- and PLAINTIFFS
Civil Action No. 4:16-cv-55-DMB-JMV
DEFENDANTS

FELICIA WILLIS, ET AL.
versus
MERITOR, INC., ET AL.

- and PLAINTIFFS
Civil Action No. 4:16-cv-56-DMB-JMV
DEFENDANTS

ORDER
This matter is before the Court on Plaintiffs' motion to compel the deposition of Defendants’
expert, Jim Peeples, on those certain matters which arise from and relate to the T&M documents
discussed and identified in Plaintiffs' motion to compel. The Court, having considered the motion,
response, and reply, finds that for the reasons articulated by the Plaintiffs in their motion and reply,
the motion is well taken, and the request to depose Mr. Peeples on the subject matters described
therein as new is granted.1 The deposition should occur no later than 14 days from today.

1

The Court notes that Plaintiffs have withdrawn the request for relief as relates to one of the documents
identified in the motion.

The Court notes, however, that the Plaintiffs have further “reserve[d] the right to depose Mr.
Peeples on new issues or information raised by additional T&M documents, once the T&M document
production is complete and once all privilege issues related thereto are resolved by either a meet and
confer process or the Court's ruling thereon.” As to this reservation, the Court admonishes Plaintiffs'
counsel that Plaintiffs appear to be again engaging in the wholesale disregard of the deadlines
imposed in this case. Absent some exceptional circumstance the undersigned can't fathom at this
juncture, there will be no further deposition of Mr. Peeples. Plaintiffs' counsel should prepare to ask
Mr. Peeples any additional questions he might have of him at the upcoming trial.
SO ORDERED this 11th day of January, 2018.

/s/ Jane M. Virden
U. S. Magistrate Judge

2