UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

Roger Wright, )

)

Plaintiff, )

)

v. ) Civil Action No.: 1:06-CV- 647-WKW

)

Pemco World Air Services, Inc. )

)

Defendant. )

DEFENDANT’S RESPONSE TO PLAINTIFF’S TO MOTION TO COMPEL

Defendant Pemco World Air Services, Inc. (“Defendant”), by and through its

undersigned counsel, hereby responds to Plaintiff’s Motion to Compel as follows:

1. On July 13, 2007, Plaintiff filed a Motion to Compel asking the Court to compel

the Defendant to respond to certain discovery matters outlined therein.

2. Since that date, Defendant has revisited the challenged responses and objections

to Plaintiff’s discovery requests and has supplemented or agreed to supplement the challenged

responses. Counsel for Defendant produced a privilege log on July 16, 2007. Counsel for

Defendant produced additional responsive documents on July 20, 2007, including a revised

privilege log. Counsel for Defendant participated in a telephone conference with Counsel for

Plaintiff for over 45 minutes on Friday, July 27, during which Counsel for both parties discussed

in detail all outstanding discovery issues. Counsel for Defendant also produced additional

documents today, July 30, 2007.

3. As a result, many of the areas of contention are now moot as Defendant has

supplemented its responses to the following items listed in Plaintiff’s motion: a, c, d, e, g, h, i, j,

l, m, r, s, t, u, v, and w. Specifically, Defendant has responded to these items by providing a

privilege log, providing additional documents Defendant previously agreed to provide, providing

Case 1:06-cv-00647-WKW-SRW Document 12 Filed 07/30/2007 Page 1 of 3
2

additional documents Defendant previously objected to providing, identifying previously

produced documents as being responsive to interrogatories and requests for production, and

explaining what documents were unavailable and what was involved in attempting to collect the

information requested. As for the remaining items listed in Plaintiff’s motion, Defendant has

agreed to supplement its prior responses notwithstanding its objections and continues to work on

said responses.

4. Despite Defendant’s supplementation to date and agreement to supplement

virtually all of the outstanding areas identified in Plaintiff’s motion, Plaintiff will not agree to

withdraw his motion (or even some of the items listed therein that have already been addressed)

as moot or to consent to a request to delay a ruling on the motion pending final supplementation.

5. As Defendant has resolved or agreed to resolve virtually all of the outstanding

discovery disputes set forth in Plaintiff’s motion, Defendant submits that a formal Response to

this Motion to Compel is not necessary at this time.

6. Separately, Defendant opposes the substance of Plaintiff’s motion but will reserve

substantive arguments unless necessary or desired by the Court.

WHEREFORE, PREMISES CONSIDERED, Defendant Pemco World Air Services, Inc.

respectfully requests that this Court deny Plaintiff’s motion.

Respectfully submitted,

s/ John B. Holmes, III

JEFFREY A. LEE

JOHN B. HOLMES, III

Attorneys for Defendant

Case 1:06-cv-00647-WKW-SRW Document 12 Filed 07/30/2007 Page 2 of 3
3

OF COUNSEL:

MAYNARD, COOPER & GALE, P.C.

2400 AmSouth/Harbert Plaza

1901 Sixth Avenue North

Birmingham, Alabama 35203-2618

Telephone: 205.254.1000

Facsimile: 205.254.1999

Emails: jlee@maynardcooper.com

jholmes@maynardcooper.com

CERTIFICATE OF SERVICE

I hereby certify that on July 30, 2007, I electronically filed the foregoing with the Clerk

of the Court using the CM/ECF system which will send notification of such filing to the

following:

Elizabeth B. Glasgow

Farmer, Price, Hornsby & Weatherford, L.L.P.

100 Adris Place (36303)

Post Office Drawer 2228

Dothan, Alabama 36302

s/ John B. Holmes, III

. OF COUNSEL

Case 1:06-cv-00647-WKW-SRW Document 12 Filed 07/30/2007 Page 3 of 3