Whitlow et al v. Crescent Consulting LLC

Filing 87

ORDER granting 73 Motion to Compel, Defendant is hereby ordered to provide substantive responses and responsive documents within five days. Defendant is additionally ordered to supplement its privilege log as requested by Plaintiff at page 4 of the Reply brief. Failure to properly supplement the privilege log may result in waiver of the privilege. Signed by Honorable David L. Russell on 8/25/17. (jw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
TOMMY WHITLOW, on behalf of himself )
and all other similarly situated individuals, )
)
Plaintiff,
)
)
v.
)
)
)
CRESCENT CONSULTING, LLC.
)
)
Defendant.
)

Case No. CIV-16-1330-R

ORDER
Before the Court is Plaintiff Whitlow’s Motion to Compel (Doc. No. 73), to which
Defendant filed a Response and Plaintiff filed a Reply in support thereof. The motion
requests that the Court (1) enter an order compelling Defendant to respond to discovery
within five days, specifically the second request for production issued by Plaintiff on May
15, 2017; (2) deem any objection thereto waived as a result of Defendant’s failure to timely
produce or object to the second request for production; and (3) order Defendant to produced
a privilege log with regard to Plaintiff’s First Request for Production. Defendant asserts
the motion to compel is moot, because on July 31, 2017, the same date it filed its motion
response, it produced its responses to the Second Request for Production. In his Reply
Plaintiff Whitlow challenges Defendant’s characterization of the issue as moot, asserting
that the July 31, 2017 untimely discovery responses provided by Defendant were nothing
more than objections and asking that the Court overrule Crescent’s objections as untimely

and improper and compel Crescent to provide substantive responses and responsive
documents within five days.
The Court hereby GRANTS Plaintiff’s request as set forth in his Reply brief. (Doc.
No. 81). Defendant failed to follow proper procedures for timely objecting to Plaintiff’s
Second Request for Production and therefore waived any objection to those requests. As
such, the Court will disregard the untimely objection and Defendant is hereby ordered to
provide substantive responses and responsive documents within five days. Defendant is
additionally ordered to supplement its privilege log as requested by Plaintiff at page 4 of
the Reply brief. Failure to properly supplement the privilege log may result in waiver of
the privilege.
IT IS SO ORDERED this 25th day of August 2017.

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