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Javier H. v. Garcia-Botello

March 30, 2009

JAVIER H., ET AL., PLAINTIFFS,
v.
MARIA GARCIA-BOTELLO, ET AL., DEFENDANTS.



The opinion of the court was delivered by: H. Kenneth Schroeder, Jr. United States Magistrate Judge

DECISION AND ORDER

This case was referred to the undersigned by the Hon. William M. Skretny, in accordance with 28 U.S.C. § 636(b)(1)(A), for all pretrial matters, and for hearing and disposition of all non-dispositive motions or applications. Dkt. #29.

In this action, twelve migrant farm workers allege that they were held in debt peonage by certain farm labor contractors ("Contractor defendants"), who provided their labor to more than twenty-five local farms ("Grower defendants"). Dkt. #111, ¶ 6.

Currently before the Court is plaintiffs' motion (Dkt. #246), to compel:

(1) the Grower defendants to produce all documents for the entire period 1996-2001 as requested in Plaintiffs' First Request for Production to Grower Defendants;

(2) the Grower defendants to provide complete responses to Plaintiffs' First Set of Interrogatories to Grower Defendants;

(3) the Contractor defendants to provide complete responses to Plaintiffs' First Set of Interrogatories to Contractor Defendants; and

(4) all defendants to execute authorizations necessary for plaintiffs to obtain documents from the U.S. Department of Homeland Security, Immigration and Customs Enforcement Office of Investigation ("ICE"), pursuant to plaintiffs' Freedom of Information and Privacy Act ("FOIA"), request.

Dkt. #246. For the following reasons, plaintiffs' motion to compel is granted in part and denied in part.

Contractor Defendants

Plaintiffs served the Contractor defendants with their First Request for Production to Contractor Defendants and First Set of Interrogatories to Contractor Defendants on March 5, 2007. Dkt. #246-2, ¶ 4. Contractor defendants Elias Botello and Maria Garcia-Botello did not respond to these requests, nor did they respond to plaintiffs' request, at their depositions, that defendants provide responses. Dkt. #246-2, ¶ ¶ 6-7. Plaintiffs seek to compel Mr. Botello and Ms. Garcia-Botello to respond. Dkt. #247, p.3.

Neither Elias Botello or Maria Garcia-Botello responded to plaintiffs' motion to compel.

Pursuant to Fed. R. Civ. P. 37(a), plaintiffs' motion to compel Elias Botello and Maria Garcia-Botello to respond to Plaintiffs' First Request for Production to Contractor Defendants and First Set of Interrogatories to Contractor Defendants is granted. Elias Botello and Maria ...


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