White et al v. Parker et al

Filing 55

AGREED ORDER granting 53 Motion for Discovery regarding telephone records of Lynn Dillard Doss. Signed by Magistrate Judge William B Carter on 8/15/12. (KFB, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA

DEXTER W. WHITE, WAYNE
BRANTLEY, and DAVID HILL
Plaintiffs,

)
)
)
)
)
)
v.
)
)
GRANT PARKER, individually and d/b/a)
COLORSCAPES, INC. and LYNN
)
DILLARD DOSS, individually and
)
d/b/a DOSS & ASSOCIATES
)
)
Defendants.
)

CASE NO. 1:11-cv-00294
Collier/Carter

AGREED ORDER REGARDING TELEPHONE RECORDS OF LYNN DILLARD DOSS

Upon agreement of the parties, Plaintiffs, Dexter W. White, Wayne Brantley and David Hill
(“Plaintiffs”), and Defendant, Lynn Dillard Doss, individually and d/b/a Doss & Associates
(“Defendant Doss”), pursuant to Rule 34 (a) of the Federal Rules of Civil Procedure, 47 U.S.C. §
222(c)(1), and the Stored Communications Act, 18 U.S.C. §§ 2701-2711, § 2702(b), and for good
cause shown, it is hereby ORDERED, ADJUDGED AND DECREED as follows:
1. Plaintiffs or their representatives, Spears, Moore, Rebman & Williams, are authorized
to obtain Defendant Doss’s telephone records from TDS Communications Corporation
(“TDS Telecom”) for all incoming and outgoing calls from January 2009 through January
2012 for phone number [706-632-2083] by written request and/or subpoena;
2. The costs of copying the above records will be paid by Plaintiffs or their
representatives;

3. A copy of any written records obtained pursuant to this Agreed Order will be
furnished to Defendant Doss within seven (7) days of receipt;
4. Plaintiffs or their representatives will provide notice to counsel for Defendant Doss if
records are reviewed but not copied. Any such notice will specify which records have been
reviewed but not copied;
5. The information obtained pursuant to this Agreed Order may only be used for
purposes of this litigation;
6. This Agreed Order does not constitute as waiver of the parties’ jurisdictional claims or
defenses;
7. The records obtained pursuant to this Agreed Order and all copies thereof in
Plaintiffs’ possession, including electronically stored information, must be either returned
to the entity providing the records or destroyed within fifteen (15) months after the
conclusion of this litigation or the resolution of all disputes, whichever last occurs.
ENTER.

SBj|ÄÄ|tÅ UA `|àv{xÄÄ VtÜàxÜ
UNITED STATES MAGISTRATE JUDGE

(Signatures and Certificate of Service on Following Page)
2

APPROVED FOR ENTRY:
SPEARS, MOORE, REBMAN & WILLIAMS, P.C.

LOWE, YEAGER & BROWN

By:

By: /s/ Darryl G. Lowe
Darryl G. Lowe, BPR # 002104
Attorneys for Defendants Lynn Dillard
Doss, individually and d/b/a
Doss & Associates
[e-mail]
1950 Riverview Tower
900 S. Gay Street
Knoxville, Tennessee 37902
Tel: [phone]

/s/ Timothy J. Millirons
Timothy J. Millirons, BPR #018808
Jennifer Kent Exum, BPR #025500
Anna Marie Davenport, BPR #026646
Attorneys for Plaintiffs Dexter W. White,
Wayne Brantley and David Hill
[e-mail]
801 Broad Street, Sixth Floor
P.O. Box 1749
Chattanooga, Tennessee 37401-1749
Tel: [phone]
Fax: [phone]

Certificate of Service
I hereby certify that on August 13, 2012 a copy of the foregoing was filed electronically.
Notice of this filing will be sent by operation of the Court’s electronic filing system to all parties
indicated on the electronic filing receipt. Parties may access this filing through the Court’s
electronic filing system.
R. Dee Hobbs, Esq.
Counsel for Defendants
Grant Parker, individually
and d/b/a Color Scapes, Inc.
701 Market Street, Suite 1217
Chattanooga, TN 37402
SPEARS, MOORE, REBMAN & WILLIAMS, P.C.
By:

/s/ Timothy J. Millirons

3