Cory v. Aztec Steel Building, Inc.

225 F.R.D. 667, 2005 U.S. Dist. LEXIS 832, 2005 WL 119772
CourtDistrict Court, D. Kansas
DecidedJanuary 13, 2005
DocketNo. 03-4193-RDR
StatusPublished
Cited by12 cases

This text of 225 F.R.D. 667 (Cory v. Aztec Steel Building, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cory v. Aztec Steel Building, Inc., 225 F.R.D. 667, 2005 U.S. Dist. LEXIS 832, 2005 WL 119772 (D. Kan. 2005).

Opinion

MEMORANDUM AND ORDER

SEBELIUS, United States Magistrate Judge.

This matter comes before the court on plaintiffs motion to compel (Doc. 56). Plaintiff seeks an order compelling defendants to answer plaintiffs requests for production and interrogatories. Defendants have filed a response to plaintiffs motion to compel (Doc. 57) and address therein plaintiffs allegations as well as defendants’ reasons for objecting to plaintiffs requests for production and interrogatories. Plaintiff has filed a reply memorandum to defendants’ response to plaintiffs motion to compel (Doc. 58). This matter has been fully briefed and is now ready for decision.

Plaintiff alleges that on June 4,2004, plaintiff served his First Request for Production of Documents on the Defendants and that, in their responses, defendants objected to all twenty four requests for production. Plaintiff also alleges that on June 4, 2004, he served upon defendants his First Interrogatories and that in their responses, defendants objected to answering Interrogatories 4 and 5. In his motion to compel, plaintiff addressed and explained each of his requests for production as well as the two interrogatories to which defendants objected. In their response to plaintiffs motion to compel, defendants have made numerous objections. For the reasons stated below, plaintiffs Motion to Compel is granted.

Discussion

A. Discovery Standards

The scope of discovery is governed by Fed.R.Civ.P. 26(b), which provides that

[p]arties may obtain discovery of any matter, not privileged, that is relevant to the claim or defense of any party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter____ Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.1

[670]*670“Relevancy is broadly construed, and a request for discovery should be considered relevant if there is ‘any possibility’ that the information sought may be relevant to the claim or defense of any party.”2 The decision to grant a motion to compel is a matter of discretion for the court.3

B. Analysis

Defendants objected to each of plaintiff’s requests for production and two of plaintiffs interrogatories. A party serving interrogatories or requests for production may move the court for an order compelling discovery if a party fails to answer an interrogatory or respond to a request for production.4

1. Certification

As an initial matter, the court considers whether plaintiff has satisfied the good faith certification requirement. Fed.R.Civ.P. 37(a)(2)(B) requires that a motion seeking an order to compel discovery “include a certification that the movant has in good faith conferred or attempted to confer with the party not making the disclosure.”5 In addition, D. Kan. R. 37.2 states that “[ejvery certification required by Fed.R.Civ.P. 26(c) and 37 and this rule related to the efforts of the parties to resolve discovery or disclosure disputes shall describe with particularity the steps taken by all counsel to resolve the issues in dispute.”6

Plaintiff has included in his motion to compel a certification he “has in good faith conferred and attempted to confer with the Defendants ... in an effort to secure the discovery and disclosure requested.” However, neither the certification nor the motion to compel contains any facts to describe or identify the steps taken by the parties to resolve this discovery dispute. Plaintiffs certification makes only a conclusory statement that the plaintiff has conferred and attempted to confer with defendants. Defendants do not dispute this certification. While plaintiff could have described the process with more specificity, the court will not overrule the motion for his failure to do so and finds that the certification requirement has been met.

2. Requests for Production

The court will next consider plaintiffs request to compel discovery of the materials sought in plaintiffs first set of requests for production of documents. Plaintiff served on defendants his First Set of Requests for Production that contained twenty-four requests for production. Defendants objected to all twenty four requests on numerous grounds. Plaintiff seeks to compel discovery of every request except request No. 11. In their response to plaintiffs motion, defendants rely on numerous objections.

Fed.R.Civ.P. 34 governs requests for production of documents and provides that such requests may be made for documents containing “matters within the scope of 26(b) and which are in the possession or control of the party upon whom the request is served.”7 A party opposing discovery “bears the burden to support its objection with facts, and if necessary, affidavits and not merely with conclusions.”8 Request for Production Nos. 1, 2, S

In their response to plaintiffs motion to compel, defendants object to plaintiffs request Nos. 1, 2, and 3 on the grounds that any contracts entered into with customers constitutes proprietary information and are protected as such.9 Confidentiality of docu[671]*671ments “does not equate to privilege.”10 “As such, information is not shielded from discovery on the sole basis that such information is confidential.”11 The court finds that defendants’ broad proprietary objection does not, by itself, suffice to shield documents from discovery. However, the court finds that, if substantiated, defendants’ objection may serve as a sufficient basis for a protective order. Under Fed.R.Civ.P. 26(c)(7), a party may seek a protective order for “confidential research, development, or commercial information.” 12 At this time, defendants have not requested any protective order. The court will allow the parties 10 days from the date of filing this order to confer and- then file a joint motion and submit a jointly proposed protective order. If the parties disagree concerning the need for, and/or the scope or form of a protective order, the party seeking such an order shall file an appropriate motion and supporting memorandum by the same date. If a request for a protective order is not filed, disclosure of the information sought in these requests will be required without the protection of any such order.

Request for Production No. U

In request for production No.

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Cite This Page — Counsel Stack

Bluebook (online)
225 F.R.D. 667, 2005 U.S. Dist. LEXIS 832, 2005 WL 119772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cory-v-aztec-steel-building-inc-ksd-2005.