GARY and ANNA-MARIE CUPPELS individually and on behalf of all others similarly situated, Plaintiffs,
MOUNTAIRE CORPORATION, MOUNTAIRE FARMS INC., and MOUNTAIRE FARMS OF DELAWARE, INC., Defendants.
Submitted: June 29, 2019
Exceptions to the Special Master's June 19, 2019
in Part and Rejects in Part the Special Master's Report.
in Part and Denies in Part the Defendants' Notice of
Exceptions to the Special Master's Report.
T. Brockstedt, Esq., and Stephen A. Spence, Esq., Baird
Mandalas Brockstedt, LLC, Attorneys for Plaintiffs.
C. Federico, Esq., Schochor, Federico & Staton, Attorney
C. Phillips, Jr., Esq., Robert S. Goldman, Esq., and Lisa C.
McLaughlin, Esq., Phillips, Goldman, McLaughlin & Hall,
Attorneys for Defendants.
Michael Parkowski, Esq., Michael W. Teichman, Esq., and Elio
Battista, Jr., Esq., Parkowski, Guerke & Swayze, P.A.,
Attorneys for Defendants
STOKES, R. J.
matter between Plaintiffs Gary and Anna-Marie Cuppels and
Defendants Mountaire Corp., Mountaire Farms, Inc., and
Mountaire Farms of Delaware, Inc. arises due to the alleged
illegal disposal of wastewater and sludge generated from the
Defendants' chicken production and processing facilities
in Delaware. Disagreement between the parties regarding the
proper scope of discovery has brought progress in this case
to a virtual standstill. In order to alleviate this roadblock
the Court appointed a Special Master to assist the parties in
ironing out the aforementioned issues.
Special Master issued a decision on several pending discovery
motions via letter to the parties dated June 19, 2019. For
the reasons set forth below, the Court largely agrees with
the Special Master's findings with the exception of the
wording of a single discovery request. Therefore, the Court
ADOPTS IN PART and REJECTS IN
PART the Special Master's Report on the
currently pending discovery motions. In turn, the Court
DENIES IN PART and GRANTS IN
PART Defendants' Exceptions to the Special
The Discovery Disputes
13, 2018, Plaintiffs Gary and Anna-Marie Cuppels, in their
individual capacity and on behalf of similarly-situated
individuals (collectively, the "Plaintiffs") filed
suit (the "Complaint") against Defendants Mountaire
Corp. ("MC"), Mountaire Farms, Inc.
("MFI"), and Mountaire Farms of Delaware, Inc.
("MFODI," along with MC, and MFI, the
"Defendants") related to the Defendants'
purported operation of a large poultry production and
processing plant in Millsboro, Delaware. The Defendants
quickly moved to dismiss the Complaint. The Plaintiffs filed
an Amended Complaint on October ...