Comite Fiestas de la Calle San Sebastian, Inc. v. Cruz

177 F. Supp. 3d 716, 2016 U.S. Dist. LEXIS 49191, 2016 WL 1437728
Procedural entryThis page is a short order in Comite Fiestas de la Calle San Sebastian, Inc. v. Cruz. Read the opinion of the Court — 170 F. Supp. 3d 271
District Court, D. Puerto Rico·Decided April 11, 2016·No. CIVIL NO. 14-1929 (FAB)·Published

Opinion

MEMORANDUM AND ORDER

BESOSA, District Judge.

Comité Fiestas de la Calle San Sebastian, Inc. (“Comité”) brought this action against Mayor Carmen Yulin Cruz (“May- or Cruz”) and the Municipality of San Juan (“Municipality”) alleging that they violated Comite’s First Amendment rights, made libelous statements, and used Comite’s trademarks during planning and celebration of the Fiestas de la Calle San Sebastian (“Fiestas”). (Docket No. 53.) Upon plaintiff Comite’s motions to compel and for reconsideration, (Docket Nos. 80, 115), the Court ordered defendants to produce documents, (Docket No. 117). Before the Court are plaintiff Comite’s motion for sanctions and motion for an order to show cause alleging that defendants did not comply with the Court’s production order. (Docket Nos. 141, 172.) For the following reasons, the Court GRANTS plaintiff Comite’s motions.

BACKGROUND

Plaintiff Comite sent a discovery request to defendants requesting, among other things, the following:

3.Produce the documentation of Buena Vibra Group’s compliance with its obligation to send the profits of four kiosks as well as the 50/50 split of the profits from the drinks to the Luis Muñoz Marin Park pursuant to Contract Number 2013-00515.
4. Produce evidence of the creation of a special account'to benefit the Luis ■Muñoz Marin Park as stated in Contract Number 2013-00515.
5. Produce the detailed invoice required by Contract Number 2013-00515 in clause Four;1
6. Produce all contracts with kiosks in 2013 for the Fiestas de la Calle San Sebastian.
7. Produce copies of the Certificate of Good Standing, Corporate Resolution,' Insurance Policy benefitting the Municipality of San Juan, Copy of promoter’s license, Workers’ Compensation Policy, Negative Certificate of Municipal Tax owed, and Merchant’s Certificate of Registry for Contract 2014-001507.
8. Produce evidence of all money paid to Buena Vibra Group, Inc. by the Municipality of San Juan as a consequence of Contract 2014-001507....
10. Produce copies of all the contracts, invoices, and documentation as to sponsors as required by Contract 2014-001507 under the “Specific Aspects” section.

(Docket No. 115-1. at pp. 6-7.)

In their June 1, 2015 response to plaintiff Comite’s discovery request, defendants objected to requests for production 2-8 and 10, arguing that they “exceed[ ][the] permissible scope of discovery [by] seekpng] information not related to the eight claims for relief included by the Plaintiff on [sic ] its Amended Complaint” [718]*718because plaintiff’s amended complaint focuses on the 2015 Fiestasj while the requests seek information regarding the 2013 and 2014 Fiestas. (Docket No. 89-2 at pp. 4-7.) Plaintiff Comite moved to compel defendants to produce the documents requested in items 2-8 and 10. (Docket No. 80 at pp. 3-4.) Defendants opposed. (Docket No. 89.) Following the close of discovery on October 16, 2016, (Docket No. 96), the Court found plaintiff Comite’s motion to compel moot. (Docket No. 104.) Plaintiff moved for reconsideration of the Court’s order, (Docket No. 115), which the Court granted, (Docket No. 117), despite defendants’ opposition, (Docket No. 116). The Court ordered defendants to produce -the documents requested by Comite no later than November 18, 2015. (Docket No. 117.).

On November 18, 2015, defendants produced fifty-five pages of certificates and other documents. (Docket Nos. 133, 193-1.) Viewing defendants’ production as insufficient, plaintiff Comite moved the Court to accept the underlying facts as proven or sanction defendants until they fully comply with the Court’s order.2 (Docket No. 141 at p. 4.) Defendants responded by arguing that they should not be sanctioned because they had only “four working days” between the Court’s order and the production deadline and they intended to continue to locate and produce relevant documents. (Docket No. 163 at p. 2.)

Plaintiff Comite moved for an order requiring defendants to show cause why they should not be held in contempt for failing to produce all documents required by the Court’s order. (Docket No. 172.)3 On December 30, 2015, defendants produced an additional document to supplement their November 18 production. (Docket Nos. 194 at p. 1; 194-1.) The parties disputed whether the produced documents satisfy the Court’s order. (Docket Nos. 185,188,191.)

The Court, seeking clarification, ordered the parties to provide copies of the documents that defendants had produced. (Docket No. 192.) The Court’s order stated that for each request a $100 fine will be assessed — to defendant if they have not fully complied with the request, and to plaintiff if defendants have complied. Id. Plaintiff Comite submitted the fifty-five pages of documents from defendants’ November 18 production, (Docket No. 193-1), and defendants submitted the additional document from their December 30 production, (Docket No. 194-1). Thereafter, the parties continued to dispute whether the documents satisfied the Court’s production order. (Docket Nos. 195,198,201.)4

DISCUSSION

Federal Rule of Civil Procedure 26(b)(1) states that “[u]nless otherwise limited by court order, ... [pjarties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case.” Fed.R.Civ.P. 26(b)(1). Evi[719]*719dence. is relevant if it makes a fact of consequence to the action “more or less probable than it would be without the evidence.” Fed.R.Evid. 401. “Information within th[e] scope of discovery need not be admissible in evidence to be discoverable.” Fed.R.Civ.P. 26(b)(1).

.“A party seeking discovery may move for an order compelling .,. production .., if: a party fails to produce documents .,” Fed.R.Civ.P. 37(a)(3)(B)(iv). “If a party ... fails to obey an order to provide or permit discovery, ... the court ... may issue further just orders,” including accepting as established the facts the document would have addressed, striking pleadings, and finding the nonproducing party in contempt. Fed.R.Civ.P. 37(b)(2)(A)®, (iii),(vii).

Here, the Court found that the documents requested by plaintiff Comite were discoverable and ordered defendants to produce them. (Docket No. 117.) After reviewing the parties’ submissions, the Court must determine if the documents produced by defendants satisfy plaintiff Comite’s production requests 3-8 and 10.5

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Comite Fiestas de la Calle San Sebastian, Inc. v. Cruz, 177 F. Supp. 3d 716, 2016 U.S. Dist. LEXIS 49191, 2016 WL 1437728 (prd 2016).

177 F. Supp. 3d 716 (Comite Fiestas de la Calle San Sebastian, Inc. v. Cruz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.