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Bartley v. Cunningham

March 13, 2008

HAROLD CLAYTON BARTLEY, DECEASED, BY SURVIVING SPOUSE AND NEXT OF KIN, DEBORAH LYNNE BARTLEY, JEANA C. BARTLEY-SHEWMAKER, DAUGHTER OF HAROLD CLAYTON BARTLEY, AND JOEL C. BARTLEY, SON OF HAROLD CLAYTON BARTLEY, PLAINTIFFS,
v.
J.C. CUNNINGHAM, LOGIE A. PHILLIPS, AND LONESOME DOVE TRUCKING, DEFENDANTS.



The opinion of the court was delivered by: H. Bruce Guyton United States Magistrate Judge

(VARLAN/GUYTON)

MEMORANDUM AND ORDER

On March 12, 2008, pursuant to paragraph 3(i) of the Scheduling Order [Doc. 20] in this matter, the Court conducted a telephone conference regarding a discovery dispute between the parties. Attorneys Bruce D. Fox and John A. Willis appeared on behalf of the plaintiffs, and attorney Terrill L. Adkins appeared on behalf of the defendants. The parties sought the Court's guidance in resolving a dispute over the responses of defendants Logie A. Phillips and Lonesome Dove Trucking to the plaintiffs' First Set of Interrogatories and plaintiffs' Request for Production of Documents.

The Court will address each of the disputed items in turn. The language of each disputed request and any answer will be included for each disputed item.

I. First Set of Interrogatories

A. Interrogatory # 8

Discovery Request:

Please state the name, address, and employer of each and every person known to you or your representative who claims to have any knowledge of the circumstances surrounding the incident in question.

Answer: [No answer provided.]

During the telephone conference, defense counsel stated that the answer to this item was inadvertently omitted. Accordingly, the defendants are DIRECTED to answer Interrogatory # 8.

B. Interrogatory # 11

Discovery Request:

List the name, address, and telephone number of each person likely to have discoverable information about the claims and defenses in this case, even if you do not ...


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