Pilgrim's Pride Corporation v. Johnson Controls, Inc.

Filing 15

ORDER re: 14 Motion to Compel. Signed by Senior Judge Graham Mullen on 2/19/2015. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Pilgrim's Pride Corporation,
Civil Action No. 3:14-cv-00502-GCM
Plaintiff,
v.
Johnson Controls, Inc.,
Defendant.
ORDER REGARDING JOHNSON CONTROLS' MOTION TO COMPEL PLAINTIFF'S
INITIAL DISCLOSURE DOCUMENTS AND DISCOVERY RESPONSES

Defendant Johnson Controls, Inc. ("JCI") brought a motion to compel the production of
Plaintiff's Rule 26(a) documents and responses to JCI's discovery requests pursuant to Federal
Rule of Civil Procedure 37 (Doc. No. 14). Specifically, JCI seeks an Order that requires Plaintiff
(1) to produce its Rule 26(a) documents to JCI without delay; and (2) to answer several
discovery requests to the full extent required by the Federal Rules of Civil Procedure. To date,
Plaintiff has failed to respond to Defendant’s motion, and the time in which to do so has passed.
THEREFORE, after considering the motion, memoranda of law, affidavits, supporting
exhibits, and all the files and proceedings herein, IT IS HEREBY ORDERED THAT:
1.

Plaintiff shall deliver to JCI the documents identified in its Rule 26(a) initial

disclosure within 5 business days of the date of this Order.
2.

Plaintiff shall amend its Responses to JCI's First Interrogatories and First

Requests for Production to provide responses to the extent required by the Federal Rules of Civil
Procedure. Specifically, in response to each discovery request:

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a.

Plaintiff shall provide to JCI all responsive information that is reasonably

in Plaintiff's possession, custody, or control;
b.

Plaintiff shall conduct a reasonable inquiry without delay, as required

under Rule 26, and provide to JCI all responsive information that results from that
inquiry; and
c.

If, after Plaintiff has conducted this inquiry, responsive information

remains to be provided, Plaintiff shall provide to JCI a reasonable level of detail about
why the responsive information is not disclosed or produced at this time.
SO ORDERED.
Signed: February 19, 2015

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