Brown v. Iowa

152 F.R.D. 168, 1993 U.S. Dist. LEXIS 19509, 1993 WL 511999
CourtDistrict Court, S.D. Iowa
DecidedDecember 3, 1993
DocketNo. 4-92-CV-10497
StatusPublished
Cited by7 cases

This text of 152 F.R.D. 168 (Brown v. Iowa) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Iowa, 152 F.R.D. 168, 1993 U.S. Dist. LEXIS 19509, 1993 WL 511999 (S.D. Iowa 1993).

Opinion

TABLE OF CONTENTS

I. INTRODUCTION AND FACTUAL BACKGROUND 169

A. Ovei’view of the Underlying Litigation 169

B. Brown’s and Andre’s Counsel 170

C. Brown’s and Andre’s Efforts to Obtain Initial Discovery from the Defendants 170

D. The Motion to Compel 171

E. Brown’s and Andre’s Counsel’s Request for Attorney Fees 172.

II. ANALYSIS 173

A. Federal Rule of Civil Procedure 37(a)(4) and Substantial Justification 173

B. Rule 37(a)(4)—Reasonable Expenses and Attorney Fees 174

III. THE DEFENDANTS’ FAILURE TO COMPLY WITH THIS COURT’S JULY 26, 1993 ORDER GRANTING MOTION TO COMPEL PRODUCTION 178

IV. CONCLUSION 179

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF AND INTERVENOR’S REQUEST FOR EXPENSES AND REASONABLE ATTORNEY FEES PURSUANT TO FED.R.CIV.P. 37(a)(4) AND ORDER IMPOSING RULE 37(b)(2) SANCTIONS AGAINST DEFENDANTS’ COUNSEL

BENNETT, United States Magistrate Judge.

This is an exquisitely simple garden-variety discovery dispute. Unfortunately, it raises disquieting concerns regarding excessive cost and delay in federal civil litigation. The most troubling aspect of the cost concern is the excessive attorney fees sought by law student “legal interns”—-who are not yet full fledged members of the legal profession. The excessive attorney fees were requested by the legal interns following a successful motion to compel pursuant to Federal Rule of Civil Procedure 37(a). The court must now wrestle with the thorny issue of whether an unreasonable request for an award of expenses and attorney fees pursuant to Rule 37(a)(4) justifies a total denial of the requested expenses and fees.

There are equally troublesome concerns regarding excessive delay by the Defendants and the Iowa Assistant Attorney General who represents them. The Defendants and their counsel have demonstrated a pattern of repeated delay and indifference to Brown’s and Andre’s discovery requests. This conduct ultimately resulted in Defendants’ counsel’s failure to comply with this court’s July 26, 1993 order to compel, requiring the Defendants to produce documents and answer interrogatories by August 5,1993. The court must now determine whether the Defendants and their counsel’s conduct requires the imposition of sanctions pursuant to Federal Rule of Civil Procedure 37(b)(2).

J. INTRODUCTION AND FACTUAL BACKGROUND.
A. Overview of the Underlying Litigation

On August 4, 1992, Plaintiff Marlyn Brown, a legally blind inmate at the Mount [170]*170Pleasant correctional facility, Mount Pleasant, Iowa, commenced this action against the Defendants asserting violations of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213; § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; the Eighth Amendment to the United States Constitution and the Iowa Civil Rights Act, Iowa Code chapter 216 (formerly chapter 601A) (1993). Brown alleges that as a result of his blindness, he has limited access to various facilities, services, activities and accommodations at the Mount Pleasant correctional facility. This includes, inter alia, limitations on Brown’s participation in employment opportunities which he claims would earn him a reduction in his sentence which is available to other sighted inmates. Most importantly, 'Brown asserts that he has been denied effective participation in the sex offenders’ treatment program. Brown alleges that “successful completion of the Program is a condition of release or parole for Plaintiff.” PI. Complaint, p. 4, ¶ 17. Brown alleges that the sex offenders’ treatment program “involves a substantial amount of reading and writing. Very little, if any, of the material plaintiff is required to read as part of the Program is on audio cassette and none of the reading material is in braille. Because of his disability, Brown has been unable to complete a substantial part of the Program.” PI. Complaint, p. 5, ¶ 18.

On April 18, 1993, this court granted Alan Ken Andre’s motion to intervene. Mr. Andre is a hearing-impaired inmate at the Mount Pleasant correctional facility. Andre’s allegations are very similar to those of Brown. He alleges he cannot complete the sex offenders’ treatment program without an American Sign Language interpreter. Andre also alleges that “the successful completion of the Program is a condition of release or parole for Mr. Andre.” Complaint in Intervention, p. 4, ¶ 13.

B. Brown’s and Andre’s Counsel

Brown and Andre have been represented in this litigation by a legal entourage from the University of Iowa College of Law Clinical Program (collectively “Brown’s and Andre’s counsel”). This includes two law professors/practicing lawyers employed by the University of Iowa College of Law in the clinical law program;1 a private practitioner from a Waverly, Iowa law firm; and, by the court’s count, at least five legal interns.2

C. Brown’s and Andre’s Efforts to Obtain Initial Discovery From the Defendants

On October 30, 1992, Brown’s counsel served Defendants with a request for production of documents pursuant to Federal Rule of Civil Procedure 34. In correspondence dated January 12, 1993, the Assistant Attorney General, counsel for Defendants, informed Brown’s counsel that she had requested from her clients the documents subject to the request for production and estimated that a formal response from her office would be forthcoming “within the next couple of weeks.”

On February 2, 1993, Brown’s counsel served interrogatories on Defendants pursuant to Federal Rule of Civil Procedure 33. Following the expiration of the thirty day time period for responses to the interrogatories under Federal Rule of Civil Procedure 33(a), Brown’s counsel, by letter dated March 30, 1993, requested a formal response from the Defendants by no later than April 9, 1993. The March 30, 1993 correspondence stated: “Your delay in responding to these requests is making it impossible for us to gather information critical to our ease.” Brown’s counsel had indicated that if discovery responses were not received by April 9, 1993, a motion to compel would be filed. On April 8,1993, the Assistant Attorney General [171]*171requested an extension to April 20, 1993 “in which to send the formal response to your discovery requests.”

Not surprisingly, Andre also sought similar discovery from the Defendants.

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Bluebook (online)
152 F.R.D. 168, 1993 U.S. Dist. LEXIS 19509, 1993 WL 511999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-iowa-iasd-1993.