Crop Production Services, Inc. v. RTR Farms, Inc. et al
ORDER granting 24 Motion to Compel; granting 25 Motion for Extension of Time; conditionally granting 26 Motion to Withdraw as Attorney ; granting Joint Oral Motion to Extend CMO. Discovery due by 4/2/2018. Amendments/Joinder of Parties du e by 1/10/2018. Amended Pleadings due by 1/10/2018. Plaintiff's Designation of Experts due by 2/1/2018. Defendants' Designation of Experts due by 3/1/2018. Motions due by 4/16/2018. Signed by Magistrate Judge Jane M. Virden on 10/19/17. (ncb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
CROP PRODUCTION SERVICES, INC.
CASE NO. 4:17-CV-00080-JMV
RTR FARMS, INC. AND
RICHARD J. RICK YOUNG
The following motions came today before the court, and the court, having heard the
parties, orders as follows:
Motion to Compel [#24]: The motion to compel full and complete answers (without
objections) to Plaintiff’s interrogatories and requests for production and for production of
Defendants’ initial disclosures is granted. The disclosures and full responses (objections having
been waived) are due no later than 5:00 PM on 10/ 25/17.
Fees and expenses incurred in preparation of the motion to compel and for attendance at
the hearing thereon are assessed against the Defendants jointly and severally in accordance with
FED.R.CIV.P. 37. Plaintiff’s counsel must file a notice of its claim of reasonable fees and
expenses so incurred no later than 12:00 PM (noon) on 10/23/17. Defendants shall have until
5:00 PM on 10/25/17 to make any objection they may have to the same.
Motion to Extend Deadline for Filing Motions to Amend Pleadings or Join Parties
[#25]: This unopposed motion is granted but modified to the extent that, following discussion at
the hearing, the deadline will be extended to 1/10/18.
Motion to Withdraw [#26]: For the reasons discussed at the hearing, Defense counsel’s
unopposed motion to withdraw is conditionally granted as follows: In order to effectuate their
withdrawal from the case, Defense counsel must first certify on the docket on or after 10/25/17
the Defendants’ full compliance with their discovery obligations as set forth above.
Defendants shall have a period of 30 days from 10/25/17 in which to obtain new counsel
or, in the case of Mr. Young only, to inform the court in writing of his intent to proceed pro se
(without counsel). Mr. Young has been instructed that a corporation may not proceed pro se in
litigation in federal court and the failure to obtain counsel for the Defendant Corporation can
result in its inability to defend against the claims of Plaintiff.
Joint Oral Motion to Extend CMO Deadlines: Consistent with the proposed deadlines
agreed upon by the parties during the hearing held today, the parties’ joint oral motion to extend
CMO deadlines is granted as follows:
Plaintiff’s expert designations
Defendants’ expert designations
Daubert and dispositive motions
So ordered this 19th day of October, 2017.
/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE
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