Carlson v. FedEx Ground Package System

Filing 449

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS granting in part and denying in part 228 Motion to Compel. 1. Dft's renewed Mot to Compel Adequate Resp of Pla Massa to Revised Interrog Nos. 4,6, and 8 is GRANTED in part and DENIED in part. 2. The portion of the mot requesting atty fees and costs is DENIED. ea pty shall bear her or its own fees and costs. Signed by Judge Sam E Haddon on 10/5/2012. (ELL, )

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BUTTE DIVISION

ROB CARLSON et aI.,

Plaintiffs,

No. CV-05-85-BU-SEH

vs.
ORDER

FEDEX GROUND PACKAGE
SYSTEM, INC., and FEDEX
GROUND PACKAGE SYSTEM,
INC., d/b/aJ FEDEX HOME
DELIVERY,
Defendants.
On September 12,2012, Special Master, W. Wayne Harper, entered his
Findings and Recommendations I on Defendant's Renewed Motion to Compel
Adequate Responses from Plaintiff Penny Massa (Massa). No objections were
filed. The Court reviews the Special Master's findings of fact for clear error, and
reviews his conclusions of law de novo. Fed. R. Civ. P. 53 (£)(3)-(4).
I find no error in the Special Master's Findings and Recommendations and

I

Document No. 435

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adopt them in full.
ORDERED:
I.

Defendant's Renewed Motion to Compel Adequate Responses of

Plaintiff Penny Massa to Revised Interrogatory Nos. 4, 6 and 82 is GRANTED in
part, and DENIED in part, as follows:
a.

The portion of the motion relating to Massa's responses to

Interrogatory Nos. 6 and 8 is DENIED as moot as Defendant has
acknowledged that Massa's supplemental responses ofJuly 10,2012,
are adequate.
b.

The portion of the motion relating to Massa's response to

Interrogatory No.4 is GRANTED to the extent that Massa's proof at
trial as to matters within the ambit ofInterrogatory No.4 shall be
limited to the specific disclosures and responses provided by her as of
September 12,2012. Massa may not present or offer evidence at trial
that alters, contradicts, expands, supplements or otherwise changes
such disclosures and responses.
2.

2

The portion of the motion requesting attorney's fees and costs is

Document No. 228

DENIED. Each party shall bear her or its own fees and costs.
DATED this 5th day of October, 2012.

United States District Judge

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