Clark Material Handling Company v. Toyota Material Handling U.S.A., Inc.

Filing 38

ORDER granting 32 Motion to Compel. Signed by Magistrate Judge David S. Cayer on 5/29/2013. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:12CV510-MOC-DSC

CLARK MATERIAL HANDLING
COMPANY,

)
)
)
Plaintiff,
)
)
v.
)
)
TOYOTA MATERIAL HANDLING
)
U.S.A., INC.,
)
)
Defendant.
)
____________________________________)

ORDER

THIS MATTER is before the Court on the “Plaintiff’s Motion to Compel [Responses to
Interrogatories and Production of Documents]” (document #32) filed May 1, 2013 and the
parties’ associated briefs and exhibits. See documents ## 32-37. This Motion has been referred
to the undersigned Magistrate Judge pursuant to 28 U.S.C. §636(b)(1), and is now ripe for the
Court’s consideration.
For the reasons set forth in Plaintiff’s Motion and briefs, the Motion is granted.
IT IS THEREFORE ORDERED that:
1.

Except as ordered below, Defendant shall respond fully and without objection to

Plaintiff’s Interrogatories and Requests for Production of Documents within fourteen (14) days
of this Order.
2. Within that same time period, the parties shall submit a proposed consent protective
order to the Court. If the parties are unable to agree, each party shall submit its proposed
protective order.
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3.

Within that same time period, Defendant shall prepare and serve on Plaintiff a

privilege log identifying all documents and/or information that are withheld on the basis of
attorney-client privilege or attorney-work-product.
4. If after conferring, the parties are unable to resolve any differences concerning items
in the privilege log, Plaintiff may renew its Motion.
5. In the event that Plaintiff renews its Motion, Defendant shall submit, along with its
response brief, an updated privilege log with copies of all documents for in camera review by
the Court.
6. The Clerk is directed to send copies of this Order to counsel for the parties, including
but not limited to moving counsel; and to the Honorable Max O. Cogburn, Jr..
SO ORDERED.

Signed: May 29, 2013

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