Alexander v. Federal Bureau of Investigation

186 F.R.D. 6, 1998 U.S. Dist. LEXIS 22396, 1998 WL 1048984
District Court, District of Columbia·Decided April 13, 1998·No. No. Civ. 96-2123 RCL·Published·Cited by 7 cases

Opinion

MEMORANDUM AND ORDER

LAMBERTH, District Judge.

This matter comes before the court on plaintiffs’ Motion for Sanctions Against the Government Defendants. Plaintiffs request that this court impose sanctions against certain government defendants in this case, the Executive Office of the President (“EOP”) and the Federal Bureau of Investigation (“FBI”), for the defendants’ failure to seek a formal extension of time beyond 30 days to produce both documents in answer to plaintiffs’ discovery requests and written responses by defendants to these requests. Upon consideration of the submissions of the parties and the relevant law, plaintiffs’ motion is denied.

I. Background

On October 9, 1997, plaintiffs served document requests on the government defendants [9]*9in this case — the EOP and the FBI. By its terms, the request demanded production of the documents at issue within 30 days of service of the notice. Upon determining that it was not possible to complete production within 30 days as requested by plaintiffs, defendants served written responses to plaintiffs’ document requests that included objections to plaintiffs’ demand for production within 30 days. Gov. Defs.’ Memo of Pts. and Auth. in Opp. to Pts.’ Mot. for Sanctions (Opp.) at 2. Consistent with this objection, on November 5, 1997, the government defendants also notified plaintiffs in writing that on November 10, 1997, the EOP and the FBI would serve plaintiffs with responsive documents that had been located as of that date. Id. Ex. C at 1. Included with this correspondence was a statement by the EOP and FBI that “they [would] produce additional documents falling within the legitimate scope of plaintiffs’ document requests as they are located.” Id. Defendants describe this as a decision “to supply documents to plaintiffs on a rolling basis beginning on November 10, 1997.” Id. at 4.

On December 3, 1997, plaintiffs filed a motion to compel government defendants and Craig Livingstone, Anthony Marceca, and Hillary Clinton to respond to document requests previously served on them. These requests included the October 9, 1997 doeu-ment request served on the FBI and EOP. The court conducted a status conference on December 19, 1997, at which various defendants moved to strike plaintiffs’ motion to compel on the ground that counsel for plaintiffs failed to comply with Local Rule 108(m) which imposes an obligation on the parties to meet and confer before the filing of a nondispositive motion. These motions to strike were granted. See Alexander v. Federal Bureau of Investigation, 1997 WL 1106579, Civ. No. 96-2123, Ord. at 1 (Dec. 22, 1997) (“Ord. of 1 Dec. 22, 1997”).

On December 22, 1997, the court issued the order granting the motion to strike and addressing the government defendants’ statement that the EOP and the FBI would be responding to plaintiffs’ document requests on a rolling and ongoing basis. The court conveyed to the government defendants that such responses were considered improper and that the proper course of conduct would have been to move for an extension of time within which to respond to the requests.1 In the order, the court concluded that “defendants sought to arrogate to themselves an indefinite extension of the time in which they may respond to plaintiffs’ discovery requests.” Ord. of Dec. 22, 1997 at 3.

The court’s rejection of the manner in which defendants sought to comply with plaintiffs’ Rule 34 request for documents was based on the court’s interpretation of the requirements of production pursuant to Rule 34 and a prior published opinion issued by this court. See Association of American Physicians and Surgeons, Inc. v. Clinton, 837 F.Supp. 454, 457 (D.D.C.1993). In that case, the court rejected defendants’ interpretation of their obligation to respond to discovery on an on-going basis and stated that “the court condemns this litigation tactic and will not tolerate it in future responses in this case.” Id. After determining that defendants’ conduct with respect to discovery responses in the instant case was equally improper, the court indicated that it “[would] entertain any motion for sanctions arising from this misconduct that plaintiffs [wished] to file.” Ord. of Dec. 22, 1997 at 3. On December 31, 1997, plaintiffs filed the motion for sanctions presently before the court.

II. Analysis

Plaintiffs’ request for sanctions is premised upon “Rule 37 of the Federal Rules of Civil [10]*10Procedure, 28 U.S.C. § 1927, and the Court’s inherent powers.” Pis.’ Mot. for Sanctions Against the Gov. Defs. (Pls.’ Mot.) at 1. The government defendants contend that sanctions are unwarranted as “the record is one of diligence and good faith, not of bad faith, or egregious conduct” so as to necessitate the imposition of sanctions by this court.

A. Rule 37

The court turns first to plaintiffs’ argument that sanctions are warranted under Rule 37 of the Federal Rules of Civil Procedure. Although Rule 37 authorizes a court to award sanctions for discovery abuses, the requirements for the imposition of sanctions pursuant to this rule are not met in the instant case. While Rule 37(a) provides that a court may impose sanctions or require the payment of expenses incurred for a failure to respond to a request for inspection submitted under Rule 34, this action may be taken only after a party prevails on a motion to compel or if production is provided after such a motion has been filed. Rule 37(b)(2) provides for sanctions where a party fails to comply with a discovery order. As has been stated, “[a] production order is generally needed to trigger Rule 37(b).” Shepherd v. American Broadcasting Companies, Inc., 62 F.3d 1469, 1474 (D.C.Cir.1995) (citing Attorney General v. The Irish People, Inc., 684 F.2d 928, 951 n. 129 (D.C.Cir.1982)). In the instant case, no discovery order has been violated.

The final provision under the rule pursuant to which sanctions are authorized is Rule 37(d). This rule states that:

If a party ... fails ... to serve a written response to a request for inspection submitted under Rule 34, after proper service of the request, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under subparagraphs (A), (B), and (C) of subdivision (b)(2) of this Rule.

Fed.R.Civ.P. 37(d). Unlike under Rule 37(b)(2), “a direct order by the court as provided in Rule 37(a) and (b) is not a prerequisite to imposition of sanctions under Rule 37(d). The rule permits immediate sanctions against parties for willful failure to comply with discovery rules.” Capitol Chem. Indus., Inc. v. Community Management Corp.,

Free access — add to your briefcase to read the full text and ask questions with AI

Alexander v. Federal Bureau of Investigation, 186 F.R.D. 6, 1998 U.S. Dist. LEXIS 22396, 1998 WL 1048984 (D.D.C. 1998).

186 F.R.D. 6 (Alexander v. Federal Bureau of Investigation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. Pope
District of Columbia, 2025
Burrows v. 3M Company
W.D. Washington, 2023
Meagher v. King County
W.D. Washington, 2020
Hill v. Tevogt
Nebraska Supreme Court, 2016
In Re Vitamins Antitrust Litigation
398 F. Supp. 2d 209 (District of Columbia, 2005)
Jefferson v. Reno
123 F. Supp. 2d 1 (District of Columbia, 2000)
Alexander v. Federal Bureau of Investigation
192 F.R.D. 25 (District of Columbia, 2000)