Criterion 508 Solutions, Inc. v. Lockheed Martin Services, Inc.

255 F.R.D. 489, 2008 U.S. Dist. LEXIS 106328, 2008 WL 5459715
CourtDistrict Court, S.D. Iowa
DecidedDecember 23, 2008
DocketNo. 4:07-CV-00444
StatusPublished
Cited by1 cases

This text of 255 F.R.D. 489 (Criterion 508 Solutions, Inc. v. Lockheed Martin Services, Inc.) 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
Criterion 508 Solutions, Inc. v. Lockheed Martin Services, Inc., 255 F.R.D. 489, 2008 U.S. Dist. LEXIS 106328, 2008 WL 5459715 (S.D. Iowa 2008).

Opinion

ORDER

CELESTE F. BREMER, United States Magistrate Judge.

This matter comes before the Court on Defendant’s Resisted Motion to Dismiss brought pursuant to Fed.R.Civ.P. 37, or for other sanctions for failure to cooperate in discovery (Clerk’s No. 47). Hearing was held December 18, 2008. Appearing were Gordon Fischer, David Tank and Jodie Clark. After reviewing the pleadings and hearing arguments of counsel, the Court finds that the Motion should be denied, but that pretrial deadlines should be extended. This extension of time for discovery and to submit dispositive motions will result in a continuance of the Final Pretrial Conference and Trial dates, which will be reset by later order.

PROCEDURAL HISTORY

This case was filed in the Iowa District Court for Polk County on August 30, 2007, and removed to this court on September 28, 2007. Anna Bradley is the President of Criterion 508 Solutions, Inc. (Criterion). Criterion asserts claims against Lockheed Martin Services, Inc. (LMS) that are centered around work that a former contractor of Criterion (Angy Brooks) performed for former Defendant Global Commerce and Information (Global) and LMS. Criterion’s claims include intentional interference with contract; conspiracy to breach fiduciary duties; defamation; fraud; misappropriation of trade secrets; copyright infringement; negligence and unjust enrichment. There has been other litigation in state court involving these, or related, parties.

In the original action, brought in state court, Defendant was named as Lockheed Martin Corporation a/k/a Lockheed Martin Information Technology, which filed an Answer in this Court on October 31, 2007, admitting that it employed Brooks at certain times (Clerk’s No. 5). On February 1, 2008, the parties filed a stipulation for an order to change the ease caption, stating that based upon information provided by Defendant, Plaintiff made the decision to change the caption, substituting Lockheed Martin Services, Inc. (LMS) for Lockheed Martin, Corporation, a/k/a Lockheed Martin Technology (Clerk’s No. 9); the Order allowing the Amended Complaint was entered February 5, 2008, (Clerk’s No. 10). After the Amended Complaint was filed, an Answer was filed on behalf of Defendant Lockheed Martin Services, Inc., indicating that this entity had employed Brooks at certain times. (Clerk’s No. 12). A Second Amended Complaint was filed March 24, 2008, (Clerk’s No. 17) and an Answer (Clerk’s No. 18) was filed April 9, 2008, by Defendant (LMS). The Second Amended Complaint also added Defendant Global; this Defendant was later dismissed without prejudice by stipulation of the parties on June 19, 2008 (Clerk’s No 33). This Stipulation of Dismissal as to the Iowa claims against Global was later modified on July 2, 2008 (Clerk’s No. 40).

Discovery proceeded under a Stipulated Protective Order, entered March 14, 2008 (Clerk’s No. 14) by agreement of Plaintiff and Defendant Lockheed Martin Corp a/k/a Lockheed Martin Information Technology. Defendant LMS filed a Motion to Compel discovery from Plaintiff on May 30, 2008 (Clerk’s No 26), which was resisted (Clerk’s No. 38), and then was withdrawn on July 14, 2008, (Clerk’s No. 42), as the parties had resolved the discovery dispute. By agreement of the parties, the discovery deadline [492]*492was extended twice, ultimately to December 22, 2008; and the dispositive motion deadline was also continued twice, ultimately to December 22, 2008. In the Scheduling Order entered January 8, 2008 (Clerk’s No. 8) the trial was set for April 20, 2009; Final Pretrial Conference was set for 10:30 a.m. on April 7, 2009, the parties did not move to continue these dates.

In the first half of 2008, Plaintiff propounded written discovery requests to Defendant LMS. Over the summer of 2008, the progress of discovery fell apart. On July 31, 2008, counsel for Plaintiff contacted counsel for Defendant regarding clarification of answers to Plaintiffs Request for Production of Documents. Plaintiff maintains that these responses contained the first disclosure from Defendant that LMS was not the appropriate defendant, but that an appropriate defendant might be one of approximately 250 affiliated Lockheed entities. Defendant points to communication between counsel on January 15, 2008, that clarifies the status of relevant parties, at the time the stipulation for re-captioning the case was entered into, and which explains the relationship Criterion’s former employee had with differing Lockheed entities. Plaintiff elected to identify LMS as the appropriate Defendant in this case. Discussions between counsel on the issue of whether discovery requests directed to LMS provided a duty to conduct a broader search of other Lockheed entities continued into August 2008; by then Defendant included in its supplemental answers to Requests for Production of Documents the statement that its responses were only on the part of Defendant LMS, and not Lockheed Martin Corporation or any subsidiary.

Before this disagreement as to the proper identification of the named defendant reached impasse, counsel discussed scheduling Anna Bradley’s deposition, and agreed to conduct it on August 1, 2008. Defendant sent a Notice of Deposition for that date; due to scheduling conflicts, the deposition was continued until August 20, 2008, and then September 11, 2008. On August 29, 2008, after being frustrated by the lack of stipulation as to the identification of any additional Lockheed subsidiaries for discovery, or to be added as parties, Plaintiffs counsel unilaterally cancelled the September 11, 2008, deposition. Defendant maintained that Plaintiff should pursue discovery from third-parties (Lockheed entities not named as Defendants). No party filed any motion requesting relief regarding this deposition notice, such as a Motion to Quash, a Motion for Protective Order, or a Motion to Compel. Neither party asked for the Court’s intervention by way of a discovery management conference. Discussions between counsel continued. At the end of September 2008, Defendant’s counsel again attempted to get an agreement from Plaintiffs counsel to reschedule the deposition of Bradley. Defendant sent a Notice of Deposition, scheduling it for October 28, 2008, at the offices of Plaintiffs counsel. On October 2, 2008, Plaintiffs counsel sent an email to Defendant’s counsel, stating clearly that because Plaintiff felt that discovery issues were still outstanding, Bradley would not appear for this deposition, until the matter of identity of the proper defendant was resolved. Plaintiffs counsel told Defendant’s counsel to “take whatever steps you deem necessary. But the deposition will simply not happen until your client comes through with appropriate discovery requests.” Defendant disagreed that it had directed Plaintiffs choice of Defendant, or that Plaintiffs discovery requests should be construed to cover all Lockheed entities, instead of LMS. Plaintiffs counsel asked for a meeting in person with Defendant’s counsel to discuss the identity of the appropriate Defendant, in light of the disagreement on this issue, particularly in light of what Plaintiffs counsel felt had been a stipulation as to identity when the Amended Complaint was filed. This meeting did not occur. Telephone calls between counsel did not resolve or narrow this dispute. Again, neither party filed a Motion to Quash, Motion for Protective Order, Motion to Compel, nor asked the Court in any way for assistance to resolve the discovery dispute, formally or informally.

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Bluebook (online)
255 F.R.D. 489, 2008 U.S. Dist. LEXIS 106328, 2008 WL 5459715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/criterion-508-solutions-inc-v-lockheed-martin-services-inc-iasd-2008.