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Whitlow v. Crescent Consulting, L.L.C.

United States District Court, W.D. Oklahoma

June 8, 2017

TOMMY WHITLOW, On Behalf of Himself and All Others Similarly Situated, Plaintiff,
v.
CRESCENT CONSULTING, L.L.C., Defendant.

          Jared D. Giddens, J. Dillon Curran, Of the Firm: CONNER & WINTERS, LLP ATTORNEYS FOR DEFENDANT

          Michael Josephson, Andrew W. Dunlap, Lindsay R. Itkin, Jessica M. Bresler, Josephson Dunlap Law Firm ATTORNEYS FOR PLAINTIFFS

          ORDER

          DAVID L. RUSSELL UNITED STATES DISTRICT JUDGE

         On May 12, 2017, there came on before the Court for hearing Defendant Crescent Consulting, L.L.C.'s (“Crescent Consulting”) Motion to Compel Production of Documents [ECF No. 45] (the “Motion to Compel”), Second Motion for Extension of Time [ECF No. 42] (the “Second Motion for Time”) and Third Motion for Extension of Time and Expedited Consideration [ECF No. 47] (the “Third Motion for Time”) (collectively, the “Motions”). Plaintiffs appeared through their counsel Jessica Bresler of the Josephson Dunlap Law Firm. Crescent Consulting appeared through its counsel Jared D. Giddens and J. Dillon Curran of the law firm Conner & Winters, LLP. Having read Crescent Consulting's briefs and considered the arguments of counsel, the Court hereby finds:

1. The Motion to Compel should be GRANTED in part and DENIED in part;
2. The Second Motion for Time should be GRANTED in part and DENIED in part; and
3. The Third Motion for Time is DENIED as moot.

         IT IS THEREFORE ORDERED AS FOLLOWS:

         Tax Returns, W-2 Forms and Forms 1099

         A. Plaintiffs shall produce all (1) tax returns for Tommy Whitlow, Brent Segrest and Leo Adams Jr. and their respective businesses for the tax years during which a Plaintiff (or any of his businesses) invoiced Crescent Consulting during the applicable three-year statute of limitations and (2) W-2s and 1099s received by Plaintiffs or their respective businesses for the same years.

         B. On May 17, 2017, Plaintiffs' counsel shall deliver to each Plaintiff and each Plaintiff's business an IRS Form 8821 Tax Information Authorization (in the form approved by Crescent Consulting's counsel)(each, a “TIA).

         C. Each Plaintiff shall sign and return the TIA(s) to Plaintiffs' counsel on or before May 19, 2017. To the degree any Plaintiff is unable to electronically sign his TIA before May 19, 2017, he will do so as soon as possible.

         D. Not later than May 19, 2017, Plaintiffs' counsel shall (1) submit to the applicable Plaintiff's tax preparer a written request for delivery to Plaintiffs' counsel of the subject returns, and all W-2s and 1099s for the subject years and (2) provide a copy of the request to Crescent Consulting's counsel.

i. For Tommy Whitlow, Plaintiff's counsel shall make requests to Todd L. Alvey, Rick Miller, and any other person presently or previously responsible for preparing the subject ...

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