INHALE, INC., Plaintiff, v. GRAVITRON, LLC, Defendant 1:18-CV-762-LY United States District Court, W.D. Texas, Austin Division Filed February 22, 2023 Counsel Carly Elizabeth Barton, Braun & Gresham, Dripping Springs, TX, Edward F. Kaye, Eva C. Ramos, J. Hampton Skelton, Skelton & Woody PLLC, Austin, TX, Jenny L. Smith, Lubbock Power & Light, Lubbock, TX, Louis F. Teran, Pro Hac Vice, SLC Law Group, Pasadena, CA, for Plaintiff. James G. Ruiz, Winstead PC, Austin, TX, Mateo Z. Fowler, MZF Law Firm, PLLC, Austin, TX, Ciara Rebecca Perritano, Tom Van Arsdel, Winstead PC, Houston, TX, for Defendant. Lane, Mark, United States Magistrate Judge ORDER *1 Before the court are Plaintiff Inhale's Motion to Compel Further Discovery Responses to Interrogatories (Dkt. #85) and Plaintiff Inhale's Motion to Compel Second Deposition of Defendant and Motion for Sanctions (Dkt. #91) and all related briefing.[1] Having considered the motions, pleadings, the applicable law, and the entire docket, and holding a hearing on February 22, 2023, the undersigned enters the following order. As a preliminary matter, the court reminds the parties that they were ordered “to participate in a meet and confer to attempt to resolve these motions without court intervention and to file a joint notice no later than 5:00 p.m. February 21, 2023, identifying the issues that have been resolved and the remaining outstanding issues.” Dkt. #93. The parties did not submit the joint notice that was required. At least five attorneys are listed as counsel for Plaintiff on CM/ECF. Nonetheless, a sixth attorney formally joined the case immediately in advance of the hearing and represented Plaintiff at the hearing. In advance of the hearing, an attorney for Plaintiff and counsel for the Defendant met and conferred and apparently reached agreements on most of the contested matters. In the absence of both the joint notice and the presence of the attorney for Plaintiff who actually reached these agreements, both the sixth Plaintiff's attorney and the undersigned were at a serious disadvantage. The burden and need to file the joint notice were the primary responsibility of Plaintiff. The failure to comply with this court's order or otherwise elaborate upon any agreements reached in advance of the hearing seriously detract from the import of Plaintiff's motions. For the reasons stated at the hearing, Plaintiff Inhale's Motion to Compel Further Discovery Responses to Interrogatories (Dkt. #85) is GRANTED in part and DENIED in part. All boilerplate objections to Plaintiff's request for production and interrogatories are overruled. Defendant cannot produce what it does not have in within its care, custody, and control. Nonetheless, consistent with defense counsel's representations during the hearing, Defendant is ordered to (a) produce any and all remaining responsive documents within its care, custody, and control and (b) answer or supplement any contested interrogatories with meaningful responses by March 9, 2023. Again, for the reasons stated at the hearing, Plaintiff Inhale's Motion to Compel Second Deposition of Defendant and Motion for Sanctions (Dkt. #91) is GRANTED in part and DENIED in part. The undersigned finds Defendant's proposal to offer Travis Dodson as a supplementary Federal Rule of Civil Procedure 30(b)(6) witness to be a reasonable resolution of this contested matter. Plaintiff's request for sanctions is DENIED. *2 In conclusion, Plaintiff Inhale's Motion to Compel Further Discovery Responses to Interrogatories (Dkt. #85) and Plaintiff Inhale's Motion to Compel Second Deposition of Defendant and Motion for Sanctions (Dkt. #91) are both GRANTED in part and DENIED in part. Finally, the parties are ADMONISHED to comply with all future orders. Footnotes [1] Both motions were referred by United States District Judge Lee Yeakel to the undersigned for disposition on the merits pursuant to 28 U.S.C. § 636(b)(1)(A), Rule 72 of the Federal Rules of Civil Procedure, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. Dkts. #90, #92.