CapitalPlus Equity, LLC v. The Espinosa Group, Inc. et al (PLR1)
Filing
177
ORDER, the Court ORDERS Defendants to respond to the Discovery Requests on or before April 9, 2021. In addition, the Court GRANTS IN PART AND DENIES IN PART Plaintiff's Motion to Shorten Time for the Defendants' Response to Plaintiff's Third Request for Production of Documents 175 . The Court ORDERS Defendants to respond to the Third Request for Production of Documents on or before April 15, 2021. The Court ADMONISHES Defendants that the failure to timely respond to the above discovery requests may warrant sanctions. Signed by Magistrate Judge H. Bruce Guyton on 3/31/21. (ADA)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
CAPITALPLUS EQUITY, LLC,
Plaintiff/Counter-Defendant,
v.
THE ESPINOSA GROUP, INC., JUAN
ESPINOSA, CAROL ESPINOSA, MICHAEL
ESPINOSA, and JAMIJU, LLC,
Defendants/Counter-Plaintiffs.
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No. 3:18-CV-10-CEA-HBG
ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
The parties appeared before the Court via telephone on March 30, 2021, for an informal
discovery dispute conference.
Attorney W. Morris Kizer appeared on behalf of Plaintiff.
Attorneys Arthur Knight, Chris Mazaway, and Richard Mazaway appeared on behalf of
Defendants. Specifically, Plaintiff stated that it served Defendants with its Second Requests for
Production of Documents on February 16, 2021, and its First Set of Interrogatories (collectively,
“Discovery Requests”) on February 18, 2021. Plaintiff stated that Defendants’ responses were due
on March 18 and 20, respectively. Plaintiff did not receive Defendants’ responses to the Discovery
Requests, and Plaintiffs’ attempts to communicate with Defendants about the status of their
responses were not successful.
In addition, Plaintiff stated that it served its Third Request for Production of Documents
on March 18, 2021, requesting “all financial statements” of The Espinosa Group, Inc., after
learning that it did not file any income tax returns after 2015. Plaintiff requested [Doc. 175] that
Defendants respond to its Third Request for Production of Documents on or before April 3, 2021,
which is the date that Defendants’ supplemental production is required pursuant to the Court’s
Order [Doc. 172]. During the telephone conference, Defendants stated that they needed additional
time to respond to the above discovery requests because they have encountered health issues.
Accordingly, the Court ORDERS Defendants to respond to the Discovery Requests on or
before April 9, 2021. In addition, the Court GRANTS IN PART AND DENIES IN PART
Plaintiff’s Motion to Shorten Time for the Defendants’ Response to Plaintiff’s Third Request for
Production of Documents [Doc. 175]. The Court ORDERS Defendants to respond to the Third
Request for Production of Documents on or before April 15, 2021. The Court ADMONISHES
Defendants that the failure to timely respond to the above discovery requests may warrant
sanctions. See Fed. R. Civ. P. 37(b)(2)(A)(i)-(vii).
IT IS SO ORDERED.
ENTER:
United States Magistrate Judge
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