United States District Court, W.D. Oklahoma
TOMMY WHITLOW, On Behalf of Himself and All Others Similarly Situated, Plaintiff,
CRESCENT CONSULTING, L.L.C., Defendant.
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
L. RUSSELL UNITED STATES DISTRICT JUDGE
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
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.
THEREFORE ORDERED AS FOLLOWS:
Returns, W-2 Forms and Forms 1099
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.
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).
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.
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
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