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Beasley v. Lang

United States District Court, S.D. Mississippi, Western Division

May 2, 2018

TERESA BEASLEY PLAINTIFF
v.
ROBERT LANG, et al. DEFENDANTS

          ORDER

          Michael T. Parker United States Magistrate Judge.

         THIS MATTER is before the Court on the Motion [82] to Compel filed by Plaintiff Teresa Beasley. Plaintiff Teresa Beasley seeks an order from the Court compelling Defendant EF Properties, LLC (“EF Properties”) to answer certain interrogatories and produce certain documents. The Court having carefully considered the motion, the submissions of the parties, and the applicable law, finds that the Motion [82] should be GRANTED.

         BACKGROUND

         Plaintiff Teresa Beasley previously obtained a judgment against Robert and Beverly Lang in a state court action. In the current action, she contends that Robert Lang and Beverly Lang (“ the Langs”) have frustrated the collection of that judgment by fraudulently transferring real property to Defendant EF Properties without consideration, and for the purpose of preventing Plaintiff from collecting the debt lawfully owed to her. She contends that EF Properties is owned and controlled by Eduardo Flechas[1] who was the Lang's attorney in the underlying state court matter. Plaintiff requests an order of turnover, whereby all property owned by the Defendants is transferred to Plaintiff, with the directive that Plaintiff sell the property to satisfy the debt.

         On September 25, 2017, Plaintiff propounded a set of Interrogatories, Requests for Production of Documents and Requests for Admission to Defendant EF Properties. See [54]. EF Properties responded to the Requests for Admission, but did not respond to the Interrogatories and Requests for Production. By Order dated March 28, 2018, over six months after the requests were propounded, the Court ordered EF Properties to respond to the discovery requests and produce responsive documents by March 30, 2018. See Order [79]. EF Properties submitted its responses on March 28, 2018.

         Plaintiff contends that EF Properties provided inadequate responses. Counsel for the parties conferred regarding the responses during a telephone status conference with the undersigned on April 11, 2018. At that time, the Court authorized Plaintiff to file the instant Motion to Compel without further conference. See Minute Entry from April 11, 2018 (“Plaintiff intends to file a motion to compel discovery against EF Properties, LLC. The motion may be filed without further conference or good faith certificate.”) Plaintiff seeks an order compelling EF Properties to completely respond to the following requests:

         DISPUTED INTERROGATORY RESPONSES

         INTERROGATORY NO. 5:

         Please identify each transaction for the purchase, sale, or transfer of real property that you have participated in within the past 12 years, describing whether you were the buyer or seller, location of the property, the amount which the property was bought or sold, and your intended use of said real property.

         RESPONSE TO INTERROGATORY 5:

         Please see the various deeds in Plaintiff's possession and produced in this and/or other related proceedings.

         INTERROGATORY NO. 6:

         Please fully identify all individuals who played any role in the decision to convey the subject property to and/or from Defendants, and provide an explanation as to each person's involvement.

         RESPONSE TO INTERROGATORY 6:

         The Defendant objects to said interrogatory for the reason that such seeks information subject to and/or protected by the attorney-client privilege and the work product privilege.

         INTERROGATORY NO. 11:

         Please identify each parcel of real property for which you own any interest by address and a description of the property and any improvements thereon. For each such property, please state whether the property is encumbered by any indebtedness, and if so, the balance of indebtedness as of the date of your response to this interrogatory.

         RESPONSE TO INTERROGATORY NO. 11:

         Please see response to Interrogatory No. 5.

         DISPUTED REQUEST FOR PRODUCTION RESPONSES

         REQUEST ...


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