Opinion
19-CV-5727 (JPO) (RWL) 21-CV-0679 (JPO) (RWL)
07-26-2022
EDWARD BANKS, Plaintiff, v. MCGLYNN, HAYS & CO., INC., et al., Defendants.
ORDER
ROBERT W. LEHRBURGER, UNITED STATES MAGISTRATE JUDGE.
This order resolves: Dkts. 57, 58, 60, 61, and 65 in the 679 action; and Dkts. 332 and 335 in the 5727 action. As discussed during the discovery conference held via Teams on July 26, 2022:
1. Plaintiff's motion papers at Dkts. 60-63 in the 679 action and Dkts. 332-34 in the 5727 action are stricken without prejudice for failure to comply with the Court's rules for pre-motion conferences and letters.
2. The Court has found that Defendants failed to comply with their discovery obligations as discussed on the record at the conference. Defendants shall pay to Plaintiff attorneys' fees and costs of Plaintiff's motions concerning the records produced by Defendants in the 679 action that should have been produced in the 5727 action (the “recently produced documents”). Additionally, Defendants shall pay the cost of the court reporter and other services for all of Plaintiff's 30(b)(6) deposition of Defendant concerning said records. Defendants shall pay these costs within 30 days of being presented a bill of costs by Plaintiff.
3. No later than August 3, 2022, Defendants shall provide to Plaintiff a replacement set of the recently produced documents in their entirety so that they are legible, have no information cut off, and are marked with identifying Bates numbers.
4. By August 3, 2022, to the extent not already produced, Defendants shall produce to Plaintiff all “mechanic activity reports,” “time and attendance work records,” and “employee earnings records” for Mr. Banks through the entire period of his employment, and for all coworkers of Mr. Banks about which the parties have agreed to exchange discovery covering the same period. Those documents, as with all other produced documents, must be legible, complete, and Bates-numbered.
5. Plaintiff's deposition of Defendant's 30(b)(6) witness, Mr. Sullivan, must proceed on August 8 or 10, 2022. The documents referenced in paragraphs 3 and 4 of this Order must be available in their entirety for Mr. Sullivan to reference during his deposition. The deposition may proceed for up to 7 hours.
6. By August 9, 2022, Plaintiff's co-counsel Mr. Cafaro shall file his formal withdrawal as counsel of record for Plaintiff.
7. Paragraph 4 of this Court's Order of July 13, 2022 (Dkt. 53 in the 679 action) is suspended; no response is required by Plaintiff on July 29, 2022 because counsel has represented that Plaintiff has searched for and has no responsive documents to produce. Should Defendants' deposition of Plaintiff reveal otherwise, the Court will revisit the issue upon Defendants' application.
8. The attachments to Defendants' letters at Dkts. 57 and 58 will not be stricken as they consist of public court records, and because Plaintiff's counsel has responded to provide context. However, counsel are reminded to refrain from personal attacks in their communications with the Court and each other.
SO ORDERED.