Mode v. S-L Distribution Company, LLC et al

Filing 549

ORDER granting in part and denying in part 547 Unopposed Motion to Compel Sample Opt-In Plaintiffs' as follows: (a) Opt-In Plaintiffs identified in Exhibit A to the Motion shall produce written discovery responses an d documents responsive to S-Ls Interrogatories and Requests for Production within thirty days of this Order; (b) Opt-In Plaintiffs identified in Exhibit B to the Motion shall produce documents responsive to S-Ls Requests for Production with in thirty days of this Order; (c) Opt-In Plaintiffs are warned that failure to comply with this Order and fully respond to these discovery requests may result in their claims being DISMISSED WITH PREJUDICE.(d) Following expiration of the thirty-day response period, S-L may submit a motion to dismiss all claims brought by and asserted against any Plaintiff who did not fully comply with this Order. Signed by Magistrate Judge David S. Cayer on 8/3/20. (mga)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION JARED MODE, on behalf of himself and all others similarly situated, Plaintiffs, No. 3:18-cv-00150-KDB-DSC v. S-L DISTRIBUTION COMPANY LLC, S-L DISTRIBUTION COMPANY INC. and S-L ROUTES LLC, Defendants. ORDER THIS MATTER comes before the Court on S-L’s Unopposed Motion to Compel Sample Opt-In Plaintiffs’ Discovery Responses (document #547). S-L seeks an order compelling discovery responses and dismissing the claims of any Plaintiff who fails to serve responses. S-L agrees to dismiss with prejudice its Counterclaim and Third-Party Complaint against any Plaintiff and his or her corporate entity that is dismissed for failure to serve responses. The Court GRANTS THE MOTION IN PART and ORDERS as follows: (a) Opt-In Plaintiffs identified in Exhibit A to the Motion shall produce written discovery responses and documents responsive to S-L’s Interrogatories and Requests for Production within thirty days of this Order; (b) Opt-In Plaintiffs identified in Exhibit B to the Motion shall produce documents responsive to S-L’s Requests for Production within thirty days of this Order; Case 3:18-cv-00150-KDB-DSC Document 549 Filed 08/03/20 Page 1 of 2 (c) Opt-In Plaintiffs are warned that failure to comply with this Order and fully respond to these discovery requests may result in their claims being DISMISSED WITH PREJUDICE. (d) Following expiration of the thirty-day response period, S-L may submit a motion to dismiss all claims brought by and asserted against any Plaintiff who did not fully comply with this Order. SO ORDERED. Signed: August 3, 2020 2 Case 3:18-cv-00150-KDB-DSC Document 549 Filed 08/03/20 Page 2 of 2

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