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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

PIPE HITTERS UNION, LLC,

Plaintiff, 

v. 

PIPE HITTERS UNION MC, LLC, 

Defendant. 

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No. 1:20-CV-00167-RP

ORDER

Before the court is Plaintiff’s Opposed Motion to Overrule Objections & Compel 

Discovery Responses (Dkt. #46) and Mr. Deckert’s Third Party Motion to Deny Plaintiff’s Motion 

to Compel (Dkt. #47).

1

 Having considered the competing motions and related pleadings, the 

applicable law, the entire docket, and holding a hearing on March 21, 2023, the undersigned enters 

the following order. 

I. ORDERS

For the reasons described during the hearing, Plaintiff’s Opposed Motion to Overrule 

Objections & Compel Discovery Responses is GRANTED and Mr. Deckert’s Third Party Motion 

to Deny Plaintiff’s Motion to Compel is DENIED. 

Third Party Charlie Deckert’s general objections and specific objections to Interrogatories 

1–15 and Requests for Production Nos. 1–23 are OVERRULED. 

Third Party Charlie Deckert is ORDERED to supplement his written responses and 

provide all information and documents responsive to the requests by April 7, 2023. 

1 On March 3, 2023, the Motions were referred via text order by United States District Judge Robert Pitman to 

the undersigned for disposition on the merits pursuant to 28 U.S.C. § 636(b)(1)(A), Rule 72 of the Federal Rules of 

Civil Procedure, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western 

District of Texas. Dkt. #38.

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This matter is set for a follow-up in-person hearing on April 25, 2023, at 10:00 a.m. in

Courtroom Eight on the seventh floor of the Federal Courthouse located at 501 W. 5th Street, 

Austin, Texas 78701. If that hearing is necessary, Mr. Deckert should be prepared to testify under 

oath at the hearing. 

Between the deadline to produce discovery and the April 25th hearing, Plaintiff and Third 

Party Charlie Deckert are ORDERED to meet and confer to attempt to resolve compliance issues 

related to the discovery requested. The parties are ordered to file a joint notice no later than April 

19, 2023, identifying the issues that have been resolved and any remaining outstanding issues. 

II. SANCTIONS WARNING 

Federal Rule of Civil Procedure 37(d) gives the court authority to sanction a party for 

failure to answer interrogatory responses or respond to requests for production. Sanctions may 

include any of the orders listed in Rule 37(b)(2)(A)(i)—(vi):

(i) directing that the matters embraced in the order or other designated facts be taken as 

established for purposes of the action, as the prevailing party claims; 

(ii) prohibiting the disobedient party from supporting or opposing designated claims or 

defenses or from introducing designated matters in evidence;

(iii) striking pleadings in whole or in part; 

(iv) staying further proceedings until the order is obeyed; 

(v) dismissing the action or proceeding in whole or in part; 

(vi) rendering a default judgment against the disobedient party; or 

(vii) treating as contempt of court the failure to obey any order except an order to 

submit to a physical or mental examination. 

FED. R. CIV. P. (b)(2)(A) (emphasis added). Rule 37(d)(3) further mandates that, “[i]nstead of or 

in addition to these sanctions, the court must require the party failing to act, the attorney advising 

that party, or both to pay the reasonable expenses, including attorney’s fees, caused by the failure, 

unless the failure was substantially justified or other circumstances make an award of expenses 

unjust.” See also FED. R. CIV. P. 37(b)(2)(c). 

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III. CONCLUSION

Plaintiff’s Opposed Motion to Overrule Objections & Compel Discovery Responses (Dkt. 

#46) is GRANTED.

Mr. Deckert’s Third Party Motion to Deny Plaintiff’s Motion to Compel (Dkt. #47) is 

DENIED.

Failure to comply with this Order will result in sanctions.

The Clerk of Court is directed to serve Mr. Deckert with this Order by regular mail and by 

certified mail return receipt requested. 

SIGNED March 21, 2023.

_______________________________

MARK LANE

UNITED STATES MAGISTRATE JUDGE

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