Humane Society of the United States v. HVFG, LLC

Filing 67

ORDER: Defendant may not withhold CAFO Permit related documents or information, or deny Plaintiff a site inspection, on relevancy grounds. If the parties are unable to resolve these issues, then Defendant may file a motion for a protective order, und er Fed. R. Civ. P. 26(c), addressing Defendant's confidentiality and/or burden concerns. Any such motion shall be served and filed no later than October 15, 2009. Plaintiff shall serve and file its opposition to the motion no later than October 22, 2009, and Defendant's reply, if any, shall be served and filed no later than October 26, 2009. As Plaintiff has adequately demonstrated that its claims in this case relate to the time period from 2001 to the present, the Court finds that th is is the appropriate time period for discovery in this action, and Plaintiffs request to compel Defendant to produce documents for this entire time period is granted. Plaintiff's request to compel production of Defendant's tax returns for the years 2006-2008 is denied, without prejudice to Plaintiffs making an appropriate showing, supported by case authority, that such production is warranted in this case. Any such application by Plaintiff shall be submitted no later than October 15, 2009, and any response by Defendant shall be submitted no later than October 22, 2009. (Signed by Magistrate Judge Debra C. Freeman on 10/14/2009) Copies Mailed By Chambers.(jpo)