McCollum et al v. Bentley et al

Filing 65

ORDER re Discovery Issues. Signed by Honorable Donald C Coggins, Jr on 12/14/2018. (abuc)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ANDERSON DIVISION
JEFFREY BROOK MCCOLLUM AND
HANNAH WHITFIELD MCCOLLUM

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Plaintiffs,
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STEVEN PAUL BENTLEY, JACOBY
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TRUCKING AND DELIVERY LLC AND )
FOUNDATION XPRESS, LLC,
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Defendants.
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C/A No.: 8:17-CV-01244-DCC
ORDER
Re: Discovery Issues

RE: Discovery Issues
Pursuant to the Third Amended Conference and Scheduling Order in this case, and this
Court’s published Filing Preferences, the parties submitted to the Court their Second Position
Statement Regarding Discovery Disputes. This Court then conducted a telephone conference on
November 26, 2018 with counsel for Plaintiff and counsel for the Defendants Bentley and
Foundation Xpress, LLC (hereinafter “FX”).
Various discovery issues were raised in said Position Statement, including documents
requested from FX, Plaintiff’s 30(b)(6) Notice to FX, Reports and Disclosure information from
Defendant’s experts, amendment of the Scheduling Order, and other issues. The parties stated
their positions in the Position Statement and during the telephone conference and these were
discussed with the Court.
The Court then directed the parties to attempt to agree upon a time and place for Plaintiff
to take the deposition of Leesa Parr Stoner, both as the 30(b)(6) designee for FX and individually,
and for the parties to submit a proposed amended scheduling order or a motion for extension of

time, and other rulings as set forth herein. The parties have conferred and have agreed upon the
deposition logistics and a proposed extension of time for discovery.
Therefore, based upon the positions of the parties as expressed in the Second Position
Statement Regarding Discovery, and as expressed during the telephone conference, and as
expressed by the Court at the conclusion of the telephone conference,
IT IS HEREBY ORDERED:
1. That Leesa Parr Stoner is directed to appear for a deposition in her individual capacity and
as a 30(b)(6) designee for FX, at 10:00 a.m. on January 8, 2018, at a designated conference
room at the Fairfield Inn at 1755 Browns Bridge Road in Gainesville, Georgia. The
Plaintiff will issue a Subpoena Duces Tecum for the requested documents and an Amended
30(b)(6) Notice reflecting said time and place, and will take the deposition of Ms. Stoner.
Should Leesa Par Stoner fail to appear as directed herein, this Court will consider Contempt
of Court findings as to her and as to Defendant FX.
2. That the documents at issue in the telephone conference shall be produced to Plaintiff in
hand at least 5 days before the deposition scheduled on January 8, 2019. For any such
documents not produced at that time, the Court will consider whether they have been lost,
destroyed or discarded, and will consider Plaintiff’s stated request for an adverse inference
instruction at trial.
3. That Paragraph 8 of the Third Amended Conference and Scheduling Order is hereby
amended to reflect that Discovery shall be completed no later than January 25, 2019. All
other provisions of said Scheduling Order remain intact.
4. That defendant has withdrawn Dr. Gower as an expert. Defendant’s expert Mark T.
Wagner, Ph.D., shall produce to the Plaintiff his Report and the other items listed in Rule

26(a)(2)(B) by close of business on November 30, 2018, or he shall be excluded as an
expert.
5. That defendant shall produce to Plaintiff forthwith any surveillance videos, photographs
and/or reports regarding the Plaintiff.

IT IS SO ORDERED.

Date: December 14, 2018
Spartanburg, South Carolina

s/Donald C. Coggins, Jr.
______________________________
Donald C. Coggins, Jr.
United States District Judge