Whitmore et al v. American Dream Logistics, Inc. et al

Filing 54

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs' motion for sanctions # 52 is denied, and the Court's January 23, 2012 Memorandum and Order is vacated only to the extent that it requires defendants to respond without objection. Signed by Honorable Rodney W. Sippel on 1/31/12. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LUTHER WHITMORE, et al.,
Plaintiffs,
vs.
AMERICAN DREAM LOGISTICS,
INC., et al.,
Defendants.

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Case No. 4:11CV1170 RWS

MEMORANDUM AND ORDER
This matter is before me on yet another one of plaintiffs’ emergency motions to compel
and motion for sanctions. On January 20, 2012, plaintiffs filed a motion to compel claiming that
defendants had provided them with no responses to discovery. Apparently, defendants had,
however, filed timely objections to certain discovery requests. When the Court granted
plaintiffs’ motion to compel, it mistakenly ordered defendants to respond without objection
despite the fact that objections were timely filed. Defendants have now provided responses to
plaintiffs’ discovery requests but continue to stand on their objections. The Court now believes
that plaintiffs have all the discovery that they have shown they are entitled to at the present time
unless they challenge defendants’ objections through a properly filed motion, which they have
not yet done.1 If the Court finds out that the defendants are withholding relevant discovery based
on unfounded objections, sanctions will issue. In the meantime, the Court expects the attorneys
in this case to behave like professionals, consistent with their obligations to this Court, and to
communicate with each other in a good faith attempt to resolve discovery issues before running

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This is not meant to encourage plaintiffs to file another motion, however.

to the courthouse for relief.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion for sanctions [#52] is denied, and
the Court’s January 23, 2012 Memorandum and Order is vacated only to the extent that it
requires defendants to respond without objection.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 31st day of January, 2012.

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