Heaston v. A&R LOGISTICS, INC. et al

Filing 33

ORDER memorializing 10/5/2016 Status Conference and denying as moot 19 Motion to Compel. Signed by Magistrate Judge Terence P. Kemp on 10/5/2016. (agm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Linda K. Heaston,

:

Plaintiff,

:

v.

:

A&R Logistics, Inc., et al,
Defendants.

Case No. 2:15-CV-2849

:

JUDGE ALGENON L. MARBLEY
Magistrate Judge Kemp

:
ORDER

The Court, at a status conference held on October 5, 2016,
addressing the issues remaining from the earlier motion to
compel, ordered that:
(1) Defendants produce the remaining sixty days of driver
logs;
(2) Defendants produce, within thirty days, the documents
requested by Plaintiff which are contained in a group of records
previously provided by Defendants to the EPA; and
(3) Defendants obtain, within thirty days, by subpoena or
otherwise, the repair records which are currently in the
possession of a non-party repair shop, and produce those records
to Plaintiff.
Given that these orders appear to have resolved all issued
raised in the motion to compel (Doc. 19), that motion is denied
as moot.

Plaintiff may, however, seek to raise a spoliation

issue by way of a motion for leave to amend, and the parties are
still discussing the parameters of the two Rule 35 evaluations
requested by Defendants.
/s/ Terence P. Kemp
United States Magistrate Judge