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.

Camel v. Old River of New Orleans, LLC

United States District Court, M.D. Louisiana

March 29, 2018

TA'RHONDA CHUBE CAMEL, ET AL.
v.
OLD RIVER OF NEW ORLEANS, LLC ET AL.

          ORDER

          RICHARD L. BOURGEOIS, JR., UNITED STATES MAGISTRATE JUDGE.

         Before the Court is Plaintiffs' Motion to Compel (R. Doc. 35) filed on February 1, 2018. Plaintiffs seek an order requiring YRC, Inc. d/b/a YRC Freight (“YRC”) to comply with a subpoena. The motion is opposed. (R. Doc. 39). Plaintiffs submitted a letter providing an update of discovery, including the issues that are the subject of the instant Motion to Compel. (R. Doc. 41).

         The Court held oral argument on March 28, 2018. (R. Doc. 40).

         I. Background

         On August 28, 2017, Ta'Rhonda Chube Camel, on behalf of herself and her minor children (“Plaintiffs”) commenced this action in state court against Old River of New Orleans, LLC D/B/A Old River Volvo Truck Sales and Service (“Old River of New Orleans”). (R. Doc. 1-1, “Petition”). Plaintiffs allege that while Ms. Camel's husband, Gerrick D. Camel, was employed by YRC, in Port Allen, Louisiana as a truck driver, he sustained various physical injuries when the step broke away from a Volvo tractor-trailer that he was moving out of the way of his own tractor-trailer. (Petition ¶ 2). Plaintiffs allege that Old River of New Orleans “had performed maintenance on the Volvo rig by changing out and installing a new battery on the driver's side, which required the step to be removed and reinstalled on the rig, driver's side.” (Petition ¶ 2). Plaintiffs allege that Mr. Camel “suffered severe injuries to which he later succumbed on February 8, 2017.” (Petition ¶ 6).

         On June 15, 2017, Old River of New Orleans removed the action, asserting that this Court has diversity jurisdiction. (R. Doc. 1).

         On September 18, 2017, the Court entered Plaintiffs' Supplemental and Amending Petition for Damages into the record, which named Old River of Louisiana, LLC D/B/A Old River Volvo Truck Sales and Service (“Old River of Louisiana”) as an additional defendant. (R. Doc. 14).

         On October 9, 2015, both Old River entities moved for summary judgment on the basis that they did not perform any work on the subject Volvo tractor-trailer, which they identified as having VIN 4V4MD2RF8YN255166. (R. Doc. 15).

         On November 15, 2017, the district judge denied the motion for summary judgment without prejudice, granting Plaintiffs leave to conduct discovery for 60 days “for the limited purpose of determining who performed work on the subject Volvo.” (R. Doc. 25). The undersigned subsequently extended the deadline to March 1, 2018, and stayed the deadline to complete all other non-expert discovery in this action. (R. Doc. 33).

         On or about November 17, 2017, Plaintiffs served the subpoena at issue on YRC pursuant to Rule 45. (R. Doc. 27-2). The subpoena sought the following information for production in Baton Rouge, Louisiana, by December 15, 2017:

1. ALL DOCUMENTS and ELECTRONICALLY STORED INFORMATION regarding invoices, repair orders, maintenance tickets received from Old River of Louisiana d/b/a Old River Volvo Truck Sales and Services for services rendered from May 1, 2016 through May 31, 2016, including dashcam installations, battery replacements, mechanical work, electrical work, and preventative maintenance that was received by YRC, Inc. from Old River of Louisiana d/b/a Old River Volvo Truck Sales and Services whether received hand delivered, U.S. Mail or transmitted electronically.
2. A copy of the invoice received form the vendor/provider and documentation showing payment by YRC, Inc. to the vendor/provider whether payment was made by check, electronic means, credit card, or any other form of payment for the following service:

UNIT NO

ITEM NO

DESCRIPTION

LOC

DATE

RONUM

METER

RDWY69278

67- L0000

LYTX DRIVECAM INSTALLATION

473

05/20/16

EEMS103

156, 528


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.