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Palmertree v. Village Properties, Inc.

United States District Court, Fifth Circuit

January 28, 2014

PAMELA PALMERTREE, Plaintiff,
v.
VILLAGE PROPERTIES, INC., Defendant.

ORDER

JANE M. VIRDEN, Magistrate Judge.

This matter is before the court on Plaintiff's Motion to Compel Discovery [37]. Having considered the unopposed motion, the court hereby rules as follows. The court observes the exhibits the plaintiff seeks to compel were not requested in a formal request for production of documents. Consequently, if the documents are properly the subject of a motion to compel, they must be producible pursuant to the defendant's initial disclosure requirements. In particular, Federal Rule of Civil Procedure 26 provides, "A party must... provide to the other parties a copy - or a description by category and location - of all documents... the disclosing party... may use to support its claims or defenses...." FED. R. CIV. P. 26(a)(1)(A)(ii).

IT IS, THEREFORE, ORDERED:

(1) If the defendant does not intend to use the exhibits in support of its claims or defenses, the motion is hereby DENIED.
(2) If the defendant does intend to use the exhibits in support of its claims or defenses, the motion is hereby GRANTED, and the defendant must produce the requested documents within twenty-four (24) hours of entry of this order.
(3) The court further observes the parties' obligations to confer in good-faith have been suspect, and they are reminded of the necessity in this district to conduct themselves with civility and professionalism.

SO ORDERED.


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