Hall et al v. High Mountain Aviation, Inc. et al

Filing 60

ORDER by Magistrate Judge Gregory J. Fouratt granting in part and denying in part 55 Motion to Compel. (kdj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
THOMAS C. HALL and
DOROTHY J. HALL,
Plaintiffs,
v.

Civ. No. 16-1080 MV/GJF

HIGH MOUNTAIN AVIATION INC., et al.,
Defendants.
ORDER
This matter is before the Court on Plaintiff’s “Agreed Motion to Compel the National
Transportation Safety Board to Produce Subpoenaed Documents and Motion to Vacate
Scheduling Order [ ] and Stay Proceedings Pending Production of Documents” (“Motion”). ECF
No. 55. On September 28, 2017, the Court conducted a hearing on Plaintiff’s Motion, at which
counsel for all parties appeared. Having considered the positions and arguments of the parties,
the Court HEREBY GRANTS IN PART AND DENIES IN PART Plaintiff’s Motion, as
further articulated below.
1. Plaintiff’s Motion is HEREBY DENIED to the extent it seeks to compel the National
Transportation Board (“NTSB”) to produce documents under the Freedom of Information
Act (“FOIA”).
2. Plaintiff’s Motion is HEREBY DENIED insofar as it seeks a stay of discovery, as the
parties have abandoned this remedy.
3. Plaintiff’s Motion is HEREBY GRANTED as to its pursuit of a new scheduling order.
An amended scheduling order will issue contemporaneously with this Order.

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4. Lastly, to the extent Plaintiff’s Motion seeks to compel production from the NTSB under
Federal Rules of Civil Procedure 37 and 45, the Court will take the Motion UNDER
ADVISEMENT.
IT IS SO ORDERED.

____________ _____________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

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