Koshani v. Barton et al (TWP2)

Filing 326

ORDER. The Court hereby ORDERS Defendant Barton to produce complete responses to the interrogatories and to produce documents in response to the requests for production of documents on or before September 19, 2019. Further, the Court GRANTS Plaintiff leave to move for sanctions if Defendant's responses and document production remain deficient after the deadline. Signed by Magistrate Judge H Bruce Guyton on 9/13/19. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
SHAFIQULLAH KOSHANI,
Plaintiff,
v.
ERIC WAYNE BARTON and VANQUISH
WORLDWIDE, LLC,
Defendants.

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No. 3:17-CV-265-TWP-HBG

ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636(c), the Rules of this Court,
and Standing Order 13-02.
The parties appeared before the Court via telephone on September 13, 2019, over a postjudgment discovery dispute. Attorney Tillman Finley appeared on behalf of Plaintiff. Attorneys
Michael Maloney and Garrett Swartwood appeared on behalf of Defendants.

By way of

background, on August 28, 2019, the Court granted [Doc. 318] Defendant Barton’s motion for an
extension of time to respond to post-judgment discovery. The Court stated that “Defendant’s
responses to the subject discovery shall be made on or before September 9, 2019.” [Id.]. On
September 12, 2019, Plaintiff requested a telephone conference with the Court, stating that
Defendant did not provide complete responses to the interrogatories and that Defendant did not
produce any documents in response to the requests for production of documents.
The Court reviewed Defendant Barton’s discovery responses and agrees that many of the
responses are inadequate. Further, he did not produce any documents or provide a privilege log in
support of his assertion of the accountant-client privilege. During the telephone conference,

Defendant stated that he could complete his discovery responses and document production by
September 19, 2019. Plaintiff agreed to provide Defendant a list of the discovery requests that
need further detail.
Accordingly, the Court hereby ORDERS Defendant Barton to produce complete responses
to the interrogatories and to produce documents in response to the requests for production of
documents on or before September 19, 2019. The interrogatories and requests for production of
documents SHALL be limited from 2015 to the present. After reviewing such discovery, if
Plaintiff believes pre-2015 discovery is warranted, he may file a motion with the Court showing
how such discovery is relevant to his post-judgment collection efforts. Further, the Court
GRANTS Plaintiff leave to move for sanctions if Defendant’s responses and document production
remain deficient after the deadline. See Scioto Const., Inc. v. Morris, No. 4:99-CV-83, 2007 WL
1656222, at *1 (E.D. Tenn. June 7, 2007) (holding defendant in civil contempt for failing to answer
plaintiff’s post-judgment interrogatories).
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

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