Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cooper v. Meritor, Inc.

United States District Court, N.D. Mississippi, Greenville Division

March 8, 2018

BRENDA J. COOPER, ET AL. PLAINTIFFS
v.
MERITOR, INC., ET AL. DEFENDANTS JOE E. SLEDGE, ET AL. PLAINTIFFS
v.
MERITOR, INC., ET AL. DEFENDANTS AND KATHERINE LONGSTREET COOKE, ET AL. PLAINTIFFS
v.
MERITOR, INC., ET AL. DEFENDANTS SRA INVESTMENTS, LLC, ET AL. PLAINTIFFS
v.
MERITOR, INC., ET AL. DEFENDANTS AND FELICIA WILLIS, ET AL. PLAINTIFFS
v.
MERITOR, INC., ET AL. DEFENDANTS

          ORDER

          JANE M. VIRDEN, UNITED STATES MAGISTRATE JUDGE.

         This matter is before the court on the plaintiffs' Second Motion to Compel Meritor to produce certain T&M documents withheld on the basis of alleged privileges/protections.[1] Doc. #485. For the reasons discussed below, the motion is GRANTED in so far as concerns production of the subject materials and taken under consideration as relates to an award of fees and expenses.

         I. The Peeples Designation

         Because Meritor's designation of Jim Peeples, an employee of T&M, [2] on its extended deadline for doing so, August 18, 2017, lies at the heart of the instant dispute over the privileges and protections, if any, to be afforded the T&M documents at issue here, that designation is set forth here, in full:

         B. EXPERTS NOT SPECIFICALLY RETAINED PURSUANT TO RULE 26(a)(2)(C) AND RETAINED PURSUANT TO RULE 26(a)(2)(B)

         Defendants identify the following expert, pursuant to Rule 26(a)(2)(C) and 26(a)(2)(B), in each of the above-styled cases:

James Peeples, PE
Vice President, Senior Technical Environmental Engineer T&M Associates, Inc.
4675 Lakehurst Court, Suite 250
Columbus, Ohio 43016
Exhibit F contains a copy of Mr. Peeples' Curriculum Vitae and list of reports, including all opinions, analysis, sources and references contained therein, which have previously been submitted to the United States Environmental Protection Agency and/or the Mississippi Department of Environmental Quality and previously produced to all parties, upon which Mr. Peeples will rely and testify. The materials reflect the subject matter on which Mr. Peeples will testify. All of the opinions Mr. Peeples may testify to will be expressed to a reasonable degree of scientific, technical, and/or engineering certainty. Mr. Peeples' hourly rate for expert testimony is $300.

         Exhibit F to the designation of Jim Peeples is as follows:

EXHIBIT F[3]
1. Corrective Measures Pre-Design Investigation Results, Feb. 21, 2008 (MTOR-EPA0010647-10835)
2. Annual Monitoring Report, Calendar Year 2011, Grenada Manufacturing, LLC (GRENADA 049780 -050389)
3. 2012 Annual Monitoring Report, Grenada Manufacturing, LLC (GRENADA 007684 - f008906)
4. Annual Monitoring Report, Calendar Year 2013, Grenada Manufacturing, LLC (GRENADA 053281 - 054003)
5. Annual Monitoring Report, Calendar Year 2014, Grenada Manufacturing, LLC (GRENADA 054004 -055174)
6. Moose Lodge Road Area Additional Investigation Report, Comprehensive Study Area Groundwater Evaluation (MTOR-00-0000003 - 0002565)
7. April 29, 2016, Trudy Fisher, Butler Snow Letter to Mississippi Department of Environmental Quality (MTOR-02-0002593 - 0002603)
8. 2016 Data Gap Work Summary (MTOR-02-0002579 - 0002592)
9. Annual Monitoring Report, Calendar Year 2015, Grenada Manufacturing, LLC (TM024825)(MTOR-02-0018705 - 0019376)
10. 2016 Annual Monitoring Report, Grenada Manufacturing, LLC Facility (MTOR-020019377 - 0020392)
11. AOC A Investigation Report, Grenada Manufacturing, LLC Facility (MTOR-02-0005439 - 0005943)
12. Kirk and PCA Properties Investigation Report (MTOR-02-0009153 - 0010915)
13. Groundwater Monitoring Report, 2nd Quarter 2017, Moose Lodge Road Area (MTOR02-0016919 - 0017202)
14. T&M Environmental Quality Information System (EQuIS) database (DATABASE)
15. Sodium Concentrations Data - Deep Zone, figure (MTOR-02-0016917)
16. Sodium Concentrations Data - Shallow Zone, figure (MTOR-02-0016918)
17. Potassium Concentrations Data - Deep Zone, figure (MTOR-02-0016914)
18. Potassium Concentrations Data - Shallow Zone, figure (MTOR-02-0016915)

Doc. #465-1 at 7.

         II. The T&M Documents ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.