PI, Inc., Plaintiff, v. M. Melanie Beene, et al., Defendants and Third-Party Plaintiffs, v. James Jefferson Beene, II, et al., Third-Party Defendants No. 1:12-cv-350-HSM-SKL Filed January 27, 2014 Lee, Susan K., United States Magistrate Judge ORDER *1 Before the Court is Defendants' motion to compel [Doc. 44], in which Defendants and Third-Party Plaintiffs M. Melanie Beene, Jones C. Beene, IV, and F. Allison Beene (collectively the “Movants”) seek to compel the production of documents by Plaintiff PI, Inc. and Third-Party Defendants James Jefferson Beene, II and Jones C. Beene (collectively the “Responding Parties”). The Responding Parties have filed their response in opposition to the motion to compel [Doc. 46]. On January 24, 2014, a hearing was held on the motion. Present at the hearing were attorney Cameron S. Hill on behalf of Movants and attorney Brian C. Quist on behalf of the Responding Parties. This matter is now ripe for adjudication. In the motion to compel, Movants allege the Responding Parties have failed to fully respond to Movants' first requests for production of documents as required by Rules 26 and 34 of the Federal Rules of Civil Procedure. Specifically, Movants allege the Responding Parties have not produced any documents in response to 51 of the individual requests and have improperly objected to certain requests. Movants categorize the discovery at issue as generally falling into two categories, the first being documents and electronically stored information (“ESI”) related to charitable contributions made by Third-Party Defendants, and the second being documents and ESI relating to financial accounts used by Third-Party Defendants and their spouses and children. After consideration of the parties' arguments, and as announced in greater detail during the hearing, the Court will GRANT IN PART and DENY IN PART the motion to compel as follows. The motion to compel will be DENIED with respect to the requests for the production of documents and ESI relating to Third-Party Defendants' personal charitable contributions at this time. See Fed. R. Civ. P. 26(b)(2)(C)(iii). The motion to compel will be GRANTED with respect to the remaining category of discovery, however, Request Nos. 21 and 23 SHALL be narrowed, as follows: [D]ocuments relating to or referring to the following activities of Third-Party Defendants, any business or entity controlled, owned, or operated by Third-Party Defendants, and/or the spouses or children of Third-Party Defendants: (i) the use of any credit card issued or paid for by PI; (ii) any purchase made, expense paid, or other payment made on behalf of PI or otherwise involving funds of PI; or the reimbursement from PI for any purchase, expense, or other payment. The Responding Parties SHALL produce documents and ESI responsive to the first requests for production to Movants on or before February 7, 2014. Also on or before February 7, the Responding Parties SHALL provide an updated written response to the first requests for production that clearly states whether responsive materials have been produced, whether responsive materials have been withheld from production, and/or whether no responsive materials exist for each numbered request. Additionally, by February 7, the Responding Parties SHALL provide a proper privilege log for responsive materials withheld on the grounds of privilege or work-product. Specifically regarding ESI, Movants SHALL submit search terms to the Responding Parties on or before January 29, 2014 at 12:00 p.m. [EASTERN], so that the Responding Parties may use the search terms to produce responsive ESI by February 7, 2014. *2 The Court reminds the parties that the discovery period in this case ends on March 18, 2014, and that all discovery, including the taking of depositions, must be completed by that date. The parties are forewarned that Fed. R. Civ. P. 37 provides for sanctions against any party who fails to properly participate in discovery. In addition to monetary sanctions against the party, the party's attorney, or both, possible sanctions that may be imposed against a party who disobeys an order such as this, or who fails to answer discovery, include: “(i) directing that the matters embraced in the order or other designated facts be taken as established for purposes of the action, as the prevailing party claims; (ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence; (iii) striking pleadings in whole or in part; (iv) staying further proceedings until the order is obeyed; (v) dismissing the action or proceeding in whole or in part; (vi) rendering a default judgment against the disobedient party; or (vii) treating as contempt of court the failure to obey any order except an order to submit to a physical or mental examination.” Fed. R. Civ. P. 37(b)(2)(A)(i-vii); see alsoFed. R. Civ. P. 37(d)(3). SO ORDERED.