Bennett v. La Pere

112 F.R.D. 136, 1986 U.S. Dist. LEXIS 20494
CourtDistrict Court, D. Rhode Island
DecidedSeptember 12, 1986
DocketCiv. A. No. 85-0286-S
StatusPublished
Cited by29 cases

This text of 112 F.R.D. 136 (Bennett v. La Pere) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bennett v. La Pere, 112 F.R.D. 136, 1986 U.S. Dist. LEXIS 20494 (D.R.I. 1986).

Opinion

MEMORANDUM AND ORDER

SELYA, District Judge.

The case before the court raises the interesting — and essentially open — question of whether a nonsettling defendant in a civil action may compel the disclosure of an accord reached between the plaintiffs and (former) codefendants. The parties to the accommodation find the settlement to be more appealing if not shared with the non-settling defendant — after all, “stolen waters are sweet, and bread eaten in secret is pleasant,” Proverbs 9:17 — and have refused to reveal the details of their bargain. The tale follows.

I.

Nathaniel Bennett was born on April 3, 1984 at Westerly Hospital (“Hospital”) and was found to be permanently brain-damaged. Nathaniel’s injuries were thought by his parents, Paul and Brenda Bennett, to be attributable to negligence on the part of either the obstetrical group which had accepted responsibility for Brenda’s care during her pregnancy, or the Hospital, or both. The Bennetts thereupon sued the obstetricians, Drs. Lapere and Raynor, and their professional service corporation, Obstetrical & Gynecological Associates, Inc. (collectively, “Physicians”). They pressed their claims against the Hospital in the same action. The plaintiffs invoked this court’s diversity jurisdiction, 28 U.S.C. § 1332, inasmuch as they were citizens of Connecticut, whereas all of the defendants were considered to be Rhode Island citizens for purposes of federal jurisdiction.

After extensive pretrial discovery had taken place, the plaintiffs reached an amicable settlement of all claims against the Physicians, including the latter’s pro rata shares of any joint tortfeasor liability. See R.I.Gen.Laws §§ 10-6-7, 10-6-8. This settlement was reduced to writing. Nathaniel’s court-appointed guardian ad litem recommended approval of the proposed pact. The court held a hearing on August 26, 1986, at which time the settlement was judicially sanctioned and the settlement documents (which had been perused by the court in camera) were placed under seal.

The terms of the settlement purported to leave open the plaintiffs’ claims against the Hospital. The plaintiffs and the Physicians jointly moved that the Hospital’s lawyer be barred from attending the court hearing on approval of the settlement. The court demurred — in the absence of extraordinary cause, a party to a ease is entitled to be represented at any hearing therein — but granted a protective order severely restricting republication or other use of the information gleaned from the hearing. The settlement documents themselves were not given to, or read by, the nonsettling defendant’s attorney. Thus, the Hospital has direct knowledge of the broad parameters of the accommodation between the plaintiffs and the Physicians, but not of the fine details.

This superficial understanding of the settlement is, in the Hospital’s view, too little and too imprecise. Believing itself entitled to examine all of the paperwork, the Hospital presses a motion under Fed.R.Civ.P. 37(a) for production and disclosure of the entire package of settlement documents, its earlier demand for the same, Fed.R.Civ.P. 34, having been given short shrift by the Bennetts and by the settling codefendants. The Hospital acknowledges that, if its Rule 37 motion succeeds, production should be effected under much the same protective [138]*138order which governed the Hospital’s aural receipt of the information which surfaced at the August 26 confirmation hearing. The plaintiffs object to the motion. They point to secrecy agreements contained in the settlement documents themselves, to what they see as the lack of any particularized need or legitimate purpose supporting the Hospital’s request, and to the inhibitory effects which such an order may have on the negotiation of future settlements.

II.

The scope of discovery is governed generally by Fed.R.Civ.P. 26(b), which reads in pertinent part:

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party____ It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

It is well established that the range of discovery under this provision is extremely broad. See Advisory Committee Notes to Rule 26, 1946 Amendment (“Of course, matters entirely without bearing as direct evidence or as leads to evidence are not within the scope of inquiry, but to the extent that the examination develops useful information, it functions successfully as an instrument of discovery, even if it produces no testimony directly admissible.”) If one thing is certain, it is this: by its terms, Rule 26(b) does not condition the availability of discovery upon the likely admissibility of the information sought. If there is some legitimate relevance to the requested information and if no cognizable privilege attaches, it ought to be discoverable — at least in the absence of some countervailing consideration, e.g., that production would be disproportionately onerous or burdensome, that unfair prejudice would result, or the like.

In federal litigation, relevance has come to be an elastic concept. See United States v. Tierney, 760 F.2d 382, 387-88 (1st Cir.1985). Particularly in the precincts of pretrial discovery, the concept is broadly and liberally interpreted. See Hickman v. Taylor, 329 U.S. 495, 507, 67 S.Ct. 385, 391, 91 L.Ed. 451 (1947). As the Court has noted, “[mjutual knowledge of all the relevant facts gathered by both parties is essential to proper litigation.” Id. To that end, Rule 26(b) permits a party to inquire into anything “relevant” to the subject matter of the litigation.

Certainly, the terms and dimensions of the arrangements between the plaintiffs and the settling codefendants seem relevant to the surviving litigation in several respects. First, under the Rhode Island version of the Uniform Contribution Among Joint Tortfeasors Act, R.I.Gen. Laws § 10-6-1 et seq., which will control in this diversity case under the familiar doctrine of Erie Railroad Co. v. Tompkins, 304 U.S. 64, 78, 58 S.Ct. 817, 822, 82 L.Ed. 1188 (1938), the damages which the plaintiffs can collect from the Hospital if they successfully prosecute what remains of the case will depend to some extent on the terms, amount, and value of the Physicians’ settlement. See R.I.Gen.Laws § 10-6-7

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Cite This Page — Counsel Stack

Bluebook (online)
112 F.R.D. 136, 1986 U.S. Dist. LEXIS 20494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-la-pere-rid-1986.