Opinion
Case No.: 1:09-CV-00312
10-11-2012
JAMES ALLEN GREEN and wife VICTORIA GREEN, Plaintiffs, v. WITRON INTEGRATED LOGISTICS CORPORATION, TGW-ERMANCO, INC., TCW, INC, TGW TRANSPORTGERATE GmbH & Co., KG, SIEMENS ENERGY & AUTOMATION, INC., and SIEMENS ENERGY, INC., Defendants,
LEWIS, KING, KRIEG & WALDROP, P.C. JOHN R. TARRLEY, BPR #009661 MARY BETH HALTOM, BPR #024462 Attorneys for TGW Logistics Group and TGW Transportgerate GmbH & Co. LOGAN - THOMPSON, P.C. ROBERT S. THOMPSON, BPR #012832 JAMES F. LOGAN, JR., BPR #90758 Attorneys for Plaintiffs GILREATH & SIDNEY CILREATH, BPR #002000 GARY L. BAUER, BPR #019735 Attorneys for Plaintiffs SPICER RUDSTROM, PLLC THOMAS E. LEQUIRE, BPR# 006875 Attorneys for Peyton's Southeastern, Inc. and The Kroger Company
COLLIER/LEE
JURY DEMAND
ORDER
This matter came before the Court on the parties' Joint Motion to Compel. (Court File No. S3). Following arguments of counsel and instruction from the Court, the parties and Peyton's Southenstern, Inc; Kroger Limited Partnership I, LLC; Kroger Group, Inc.; KRGP, Inc.; and The Kroger Company hereinufter ("Kroger") enter the following Agreed Order to the parties' Motion. It is therefore;
ORDERED, ADJUGED AND DECREED that:
1. Kroger will produce documents responsive to Request Nos. 2, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21,22, 23, 24, 25, 26, 27. 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, and 40 (Court File No. 53-1), subject to Kroger's -right to claim privilege or protection under Rule 45(d)(2) and its right to seek its costs of production under Rule 45(c).
2. Kroger will produce doouments responsive to Request Nos, 1, 3, 5, 6, and 28 as modified herein, subject to Kroger's right to claim privilege or protection under Rule 45(d)(2) and its right to seek its costs of production under Rule 45(c):
Request No. 1 - All documents pertaining to the investigation of the accident, the equipment within the OCD crane area; design; modification; and training; and the causes of the accident suffered by James Allen Green on 11/11/2008.
Request No. 3 - Produce the following documents regarding the design, construction and modification of the OCB crane area of Building C of the Peyton's Southeastern Distribution Center in Cleveland, Tennessee: contracts, design plans, and modifications, change orders, correspondence, invoices, bills.
Request No. 5 - Johnny Duggan's entire employment file.
Request No. 6 - Dewey Carson's entire employment file.
Request No. 28(a) - Documents reflecting the corporate relationship between Peyton's Southeastern, Inc., Kroger Limited Partnership I, Kroger Group, Inc., KRGP, Inc. and the Kroger Company, or any other entity within the corporate hierarchy of the company referred to as Kroger, the national grocery store chain.
Request No. 28(b) - Documents reflecting the ownership of Peyton's Southeastern, Inc. from 2002 until present.
Request No. 28(c) - Documents reflecting ownership, change of ownership, transfer of ownership, modification of ownership of the system from 2002 to present. For purposes of this request, the "system" is the automated distribution facility contemplated by the contract between Witron Integrated Logistics Corp. and Kroger Limited Partnership 1 entered on September 25, 2002.
3. Kroger does not have to respond to Request No. 29.
The parties also note that Request No. 19 from Court File No 53-1 should also be stricken Siemens Energy and Automation was dismissed from this case, (Conn File No. 51),
4. Kroger will produce the documents that are readily available and related privilege log pursuant to Rule 4S(d)(2) by October 12, 2012. Production of all documents set forth In Court Pile No. 53-1 and modified by this Order will be completed by November 12, 2012, Ail documents produced by Kroger shall be considered and treated by the parties m "Confidential Information" under the Agreed Protective Order filed February 3, 2012 (Court File Mo. 42). Provided, however, that Kroger is not required to specifically designate any documents as "Confidential" or take any other action in accordance with paragraph A. 1, of the Agreed Protective Order in order for any document to be treated as "Confidential Information".
5. Kroger wilt submit an itemized list of its costs of production, including attorney's fees, to the parties by December 12, 2012, The parties and counsel for Kroger must meet and confer to attempt to resolve the fee reimbursement issue by December 21, 2012. If the parties arc unable to reach an agreement regarding the reimbursement of Kroger's costs of production, including attorney's fees, the matter must be brought by motion no later than January 4, 2013.
______________________
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE
APPROVED FOR ENTRY:
LEITNER, WILLIAMS, DOOLEY &
NAPOLITAN, PLLC
By:_____________
THOMAS A. WILLIAMS, BPR #001688
SEAN W. MARTIN, BPR #020870
Attorneys for Defendant Witron Integrated logistics Corporation
LEWIS, KING, KRIEG & WALDROP, P.C.
By: _____________
JOHN R. TARRLEY, BPR #009661
MARY BETH HALTOM, BPR #024462
Attorneys for TGW Logistics Group and
TGW Transportgerate GmbH & Co.
LOGAN - THOMPSON, P.C.
By: _____________
ROBERT S. THOMPSON, BPR #012832
JAMES F. LOGAN, JR., BPR #90758
Attorneys for Plaintiffs
GILREATH & ASSOCIATES By: _____________
SIDNEY CILREATH, BPR #002000
GARY L. BAUER, BPR #019735
Attorneys for Plaintiffs
SPICER RUDSTROM, PLLC
By: _____________
THOMAS E. LEQUIRE, BPR# 006875
Attorneys for Peyton's Southeastern, Inc.
and The Kroger Company