United States District Court, M.D. Louisiana
TA'RHONDA CHUBE CAMEL, ET AL.
OLD RIVER OF NEW ORLEANS, LLC ET AL.
RICHARD L. BOURGEOIS, JR., UNITED STATES MAGISTRATE JUDGE.
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).
Court held oral argument on March 28, 2018. (R. Doc. 40).
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).
15, 2017, Old River of New Orleans removed the action,
asserting that this Court has diversity jurisdiction. (R.
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).
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).
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).
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
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
LYTX DRIVECAM INSTALLATION