Opinion
Civil No. 1:02-CV-0167 DB
December 8, 2003
ORDER
The Court heard oral argument on December 1, 2003 regarding Plaintiff John Lythgoe's Motion to Compel. Kathleen Toth was present for Plaintiff and Kara Barton for Defendant. The parties agreed on the form of an order which has been submitted to and modified by the court.
ORDER:
IT IS HEREBY ORDERED that Plaintiff John Lythgoe's Motion to Compel is GRANTED in part and DENIED in part.
Docket no. 34, filed August 27, 2003.
IT IS FURTHER ORDERED
1. That Defendants supplement their response to Interrogatory #3 of Plaintiffs First Set of Requests for Admission, Interrogatories, and Requests for Production of Documents by creating and providing a list to the Plaintiff identifying (a) the names of all Robintino's employees from June 2001 through June 30, 2002; (b) the hire and termination date of each employee during this time period; and (c) a reasonable determination or estimate of the age of each employee during this time period; (d) each employees position or positions during this time period,
2. That in response to Interrogatory #4 of Plaintiff's First Set of Requests for Admission, Interrogatories, and Requests for Production of Documents, Defendants create and provide a list to the Plaintiff identifying (a) the names of all Robintino's employees who were neither hired nor terminated during the time period of June 2001 through June 2002; (b) a reasonable determination or estimate of the age of each employee during this time period; (c) each employee's position or positions during this time period.
3. That Plaintiff is provided leave to propound six (6) additional Requests for Admission to submit to the Defendants' to obtain clarification regarding Interrogatory #9 of Plaintiff's First Set of Requests for Admission, Interrogatories, and Requests for Production of Documents. Defendants must serve their answers to these six (6) Requests for Admission to the Plaintiff within 10 days after service.
4. That in response to Interrogatory #1 of Plaintiff's Second Set of Requests for Admission, Interrogatories, and Requests for Production of Documents, Defendants (a) produce a list reflecting the identities and contact information for each individual to whom a bonus was paid in December 2001 and an affirmative statement that this list reflects all of the bonuses paid to any Robintino's employee in December 2001; (b) provide the Robintino's store location where each individual works or worked; and (c) produce copies of all bonus checks paid to these individuals.
5. That Defendants fully respond to Interrogatory #3 of Plaintiffs Second Set of Requests for Admission, Interrogatories, and Requests for Production of Documents for the entire time period of Plaintiff s employment and list all bonuses paid or given to Plaintiff, whether in cash, check or in any other way, during his entire employment at Robintino's.
6. That Plaintiffs Information Technology specialist, Katrina Anderson, contact the Information Technology specialist at Robintino's and Daines Goodwin Associates on or before December 16, 2003 to arrange a time to come into Robintino's and Daines Goodwin Associates and download an electronic copy of Robintino's entire QuickBooks file and an electronic copy of Daines Goodwin Associates entire QuickBooks file for Robintino's. Robintino's and Daines Goodwin Associates shall provide Ms. Anderson access within a reasonable time after she makes her request. Both Robintino's and Daines Goodwin Associates may have their Information Technology specialist present during Ms. Anderson's presence,
7. That Defendants restate and provide complete, unambiguous answers to Interrogatories #2 and #3 of Plaintiff's Third Set of Requests for Admission, Interrogatories, and Requests for Production of Documents. In particular, with regard to answering Interrogatory #2, Defendants represented that during the entire year of 2001, Ryan Knighton was on vacation only on September 11 and 12, 2001 and at no other time. Defendants should clearly make this statement in response to Interrogatory #2. With regard to Interrogatory #3, Defendants should restate their answer and produce documents regarding Ryan Knighton's compensation during 2001.
8. That Defendants complete supplementation of interrogatories and requests for production, ordered herein, by Wednesday, December 22, 2003.
9. That Plaintiff and Defendants' counsel file Affidavits of Attorneys Fees and Expenses to the Court on or before December 12, 2003, and submit courtesy copies via e-mail to Magistrate Judge Nuffer, and serve the Affidavits upon the parties. Any responses to the Affidavits should be filed with the Court, submitted to the magistrate judge and served upon the parties on or before December 19, 2003.