DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
PATRICE CANTON,
5
5
Plaintiff,
5
1:05-cv-143
v.
5
5
KMART CORPORATION,
5
5
Defendant.
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__________________________________________5
TO:
Lee J. Rohn, Esq.
Eugenio W.A. Geigel-Simounet, Esq.
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL
THIS MATTER came before the Court for consideration upon Plaintiff’s Motion to
Compel Defendant to Produce Missing Documents (Docket No. 154).  Defendant filed an
opposition to said motion, and Plaintiff filed a reply thereto.
Being advised in the premises and upon due consideration thereof, the Court finds
that Dr. Eduardo Soria Rivera may have “considered” information contained in the
“engagement” letter in reaching his conclusion.  Rule 26(a)(2)(B).  Thus, this document is
discoverable.  Defendant has agreed to produce again the other itemized documents.
Case: 1:05-cv-00143-TJS-GWC   Document #: 157   Filed: 11/04/09   Page 1 of 2
Canton v. Kmart Corporation
1:05-cv-143
Order Granting Plaintiff’s Motion to Compel
Page 2
Accordingly, it is now hereby ORDERED:
1.
Plaintiff’s Motion to Compel Defendant to Produce Missing Documents
(Docket No. 154) is GRANTED.
2.
Defendant shall serve upon counsel for Plaintiff, within ten (10) days from
the date of entry of this order, the requested documents, to the extent it has
not already done so.
ENTER:
Dated: November 4, 2009
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:05-cv-00143-TJS-GWC   Document #: 157   Filed: 11/04/09   Page 2 of 2