*1 This matter is before the Court on Defendants’ motions to compel discovery responses from Plaintiffs. (Docs. 84 through 111). Plaintiffs filed responses thereto (Docs. 112 through 138), and Defendants filed replies to those responses (Docs. 139 through 165).[1] On September 21, 2021, the Court conducted a hearing on all pending discovery motions. Having reviewed the parties’ filings and conducted oral argument, the Court finds that Defendants’ motions to compel (Docs. 84 through 111) are due to be GRANTED, with restrictions, as set forth below and explained further on the record at the September 21 hearing.

Rule 26(b)(1) of the Federal Rules of Civil Procedure governs the scope of discovery and provides:

Fed. R. Civ. P. 26(b)(1) (emphasis added). Keeping this instruction in mind, the Court GRANTS Defendants’ motions to compel with some restrictions to ensure that the scope of discovery is proportional.

Unless another date is set out herein, Plaintiffs must provide responses within these restrictions as soon as possible but no later than October 12, 2021. This Court will recommend to the District Court Judge that the claims of any Plaintiff who does not comply with this Order by the dates set forth herein be dismissed for failure to prosecute and for failure to comply with this Court's orders.

Pursuant to Rule 33(b)(3), “[e]ach interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath.” Accordingly, Plaintiffs must sign their responses under oath. For sake of clarity, all interrogatory responses, including supplements, need to be placed in one document for each Plaintiff to sign their complete responses under oath.

Plaintiffs need only provide responses to interrogatories and documents relevant to the time period covered by the allegations set forth in this lawsuit based on their particular circumstances. For most Plaintiffs the relevant time period is January 1, 2017, to the present. This time period will only extend further back as to the particular nine (9) Plaintiffs whose allegations pre-date 2017. Plaintiffs’ counsel must send to the Court and Defendants’ counsel the names of the nine (9) Plaintiffs whose allegations pre-date 2017 and the range of dates their allegations cover on or before 5:00 p.m. on Friday, September 24, 2021.

*2 On or before October 1, 2021, Plaintiffs’ counsel must email the user names and passwords for all social media accounts of each Plaintiff to Defendants’ expert. This includes, but is not limited to, Facebook, Instagram, Twitter, and Snapchat. Plaintiffs cannot change their user names or passwords until the conclusion of this action. Plaintiffs’ counsel shall communicate this prohibition to each Plaintiff in writing. Plaintiff's counsel shall verify compliance with these requirements by filing notice with the Court on or before October 1, 2021.

Plaintiffs must answer all Requests for Admission in the form required by Rule 36(a)(4) of the Federal Rules of Civil Procedure:

Fed. R. Civ. P. 36(a)(4) (emphasis added). Answers provided in a response to a motion to compel do not comply with this rule and are not sufficient. Requests for Admission are a useful tool in narrowing the issues in a case and for avoiding the expense of proving a fact that is not contested. Failure to answer Requests for Admission in complete compliance with this rule may lead to the matter being deemed admitted.

Any Plaintiffs who have not provided their phones to Defendants’ expert must deliver their phone to the expert in Mobile no later than October 1, 2021. Failure to do so will result in a recommendation that the claims asserted by the Plaintiff be dismissed. If any Plaintiff claims to no longer have her phone, that Plaintiff must provide specific information describing what happened to their phone on or before October 1, 2021.

Plaintiffs must produce to Defendants all documents to which they refer in their responses to Interrogatories or Requests for Admission on or before October 12, 2021. Plaintiff Keiyauna Kyles must provide full responses to all Requests for Production on or before October 12, 2021. Plaintiff Gracie McMillian must revise her response to the Requests for Production to clearly designate which of her responses is responsive to which request on or before October 12, 2021.

Plaintiffs must provide the most recent contact information they have or can obtain for witnesses that they have listed or referenced in disclosures or discovery responses on or before October 12, 2021. Plaintiffs cannot use any witness for whom they do not provide contact information.

Plaintiffs must respond to the discovery requests seeking information about their payment or failure to pay rent and concerning any other financial obligations related to their leases on or before October 12, 2021.

Plaintiffs must fully respond to Interrogatories requesting information regarding their healthcare during the relevant period on or before October 12, 2021.

At the request of the parties, the scheduling order (Doc. 50) is amended as follows: 1) All discovery is to be completed on or before November 19, 2021. “Completed” means that all depositions, including experts’ depositions, have been taken and any motions to compel have been timely filed to give adequate time for the court to consider them prior to the discovery deadline. Any recalcitrance on the part of any party or attorney will be grounds for appropriate sanctions; 2) The parties are ORDERED to file a written assessment of the possibility of resolving the issues in this case through a recognized ADR procedure as soon as possible but no later than November 19, 2021. Notwithstanding this deadline, the parties may contact the undersigned United States Magistrate Judge at any stage of the proceedings if they believe mediation or a settlement conference would be beneficial, and the undersigned will conduct a settlement conference or refer this case to a Court-approved neutral for mediation; 3) Motions for summary judgment and any other dispositive motions are to be filed as soon as possible but in no event later than December 3, 2021. Neither the final pretrial conference nor the trial in this action will be delayed pending a ruling on such motions; 4) All challenges to expert witnesses, including Daubert motions, must be filed not later than December 3, 2021; and 5) all other dates and deadlines remain the same.

*3 DONE and ORDERED this the 22nd day of September, 2021.