Data-Link Systems, Inc. v. Data Line Service Co.

148 F.R.D. 225, 1992 U.S. Dist. LEXIS 21326, 1992 WL 472307
CourtDistrict Court, N.D. Indiana
DecidedMay 28, 1992
DocketNo. S90-230 (AS)
StatusPublished
Cited by1 cases

This text of 148 F.R.D. 225 (Data-Link Systems, Inc. v. Data Line Service Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Data-Link Systems, Inc. v. Data Line Service Co., 148 F.R.D. 225, 1992 U.S. Dist. LEXIS 21326, 1992 WL 472307 (N.D. Ind. 1992).

Opinion

MEMORANDUM AND ORDER

PIERCE, United States Magistrate Judge.

On January 30,1992, Judge Sharp ordered all trial counsel in this case to meet in an attempt to resolve all outstanding discovery disputes and to thereafter submit a full written report to the court as to any unresolved discovery disputes and the reasons why such matters were not resolved. Trial counsel subsequently met in the court’s conference room on February 20, 1992. Their later reports to the court, unfortunately, indicate that nothing was resolved. More still, it appears that the discovery conference has [226]*226become just one more source of acrimony between counsel. Plaintiff accuses defendant’s counsel of reneging on agreements reached at the conference, and defendant asserts that everything its counsel agreed to do at the conference has been done. The only thing which can be said with certainty at this juncture is that the parties have now complied with this court’s Local Rule 13. The court will, accordingly, address the outstanding discovery disputes after wading through the latest series of charges and counter-charges between counsel.

The present controversy involves two motions by plaintiff, Data-Link Systems, Inc. (“Data-Link”), to compel discovery and for sanctions under Fed.R.Civ.P. 37, and a motion for protective order by defendant Data Line Service Company, Inc. (“Data Line”). In the first motion to compel, filed on December 31, 1991, Data-Link seeks an order requiring Data Line to comply with certain of the requests in its revised Sixth Request for Production of Documents; compelling Data Line to produce or re-produce several of its officers or employees for depositions in either South Bend, Indiana, or Pittsburgh, Pennsylvania; and imposing sanctions upon Data Line for failing to produce the requested documents in time for the depositions previously scheduled in Covina, California during the week of December 16, 1991. In the second motion, filed on January 17,1992, Data-Link requests an order compelling Data Line to produce Mr. Fran Watson for deposition, and imposing further sanctions under Rule 37. Data Line’s motion for protective order seeks to block that deposition.

Background

On or about April 15, 1991, Data-Link served its Sixth Request for Production of Documents on Data Line (Dkt. 134). Data Line served Data-Link with its objections and responses to that request for production on or about May 13, 1991 (Dkt. 149). On June 27, 1991, Data-Link filed its second motion to compel discovery which sought, among other things, an order compelling Data Line to produce documents responsive to 22 of the document requests (Dkt. 173). During a pretrial conference conducted on the same date, Judge Sharp ordered that discovery be closed as of January 31, 1991 (Dkt. 176).

In an Order entered on September 18, 1991, Judge Sharp addressed Data-Link’s motion to compel with respect to its Sixth Request for Production of Documents as follows:

The plaintiff wants the defendant to be compelled to produce documents relating to the defendant’s finances and financial gains from its alleged servicing of Mera-Bank, and documents regarding a plan to enhance the defendant’s ULS software. This court sees the latter documents as unnecessary given its order regarding the ULS source code; the plaintiffs motion to compel their production (Requests 19b and 21) is therefore denied.
The court is aware that the plaintiff is attempting to establish damages arising from the defendant’s alleged breach of contract by calculating the defendant’s profits therefrom. This court has carefully reviewed the defendant’s responses to the plaintiffs Sixth (emphasis added) Request for Production of Documents which sets out no less than 22 Requests for Production filed by the plaintiff and the defendant’s responses thereto. As framed, the defendant’s responses are well taken. If this plaintiff were to refine and narrow these requests it may do so instanter but at present these requests have many of the earmarks of harassment. SO ORDERED.

(Dkt. 189—Order of September 18, 1991, p. 9.)

On November 14, 1991, Data-Link served Data Line with its Revised Sixth Request for Production of Documents, a Revised Second Set of Interrogatories, and notice scheduling a number of depositions of Data Line personnel or witnesses in Covina, California, during the week of December 16, 1991 (Dkt. 197). Thereafter, on November 27, 1991, counsel for Data-Link wrote to counsel for Data Line, stating:

[W]e insist that we receive your answers to our interrogatories and production of documents requested in our sixth request for documents prior to the deposition so that the depositions are meaningful and can [227]*227proceed expeditiously. This does not impose any additional burden on Data Line but merely requires Data Line to comply with its obligations under rules governing discovery. Your answers to the interrogatories and documents responsive to our document request are due no later than Monday, December 16, 1991. We would appreciate your cooperation in getting us this information on or before Wednesday, December 11, 1991.

(Dkt. 262, Report of Data-Link Regarding Discovery Conference, Ex. B.) Data-Link indicates that Data Line did not respond to this letter, but instead mailed certain of the requested documents to Data-Link’s counsel in Pittsburgh, Pennsylvania, on December 16, 1991, and applied to the court on the same date for a seven-day extension of time in which to serve answers to Data-Link’s interrogatories. Data Line’s tardiness, according to Data-Link, prevented Data-Link from taking meaningful depositions of Data Line’s witnesses during the week of December 16.

Data-Link’s Revised Sixth Request for Production of Documents

Data-Link’s motion to compel of December 31, 1991 seeks an order compelling Data Line to produce documents responsive to Item Nos. 3, 4, 5 and 6 of Data-Link’s Revised Sixth Request for Production of Documents. These items, together with Data Line’s responses, are as follows:

3. All documents and other sources of information referring or pertaining to actual operating costs or expenses incurred in connection with the MeraBank Account.

RESPONSE

The defendant objects to this request for production because it is overly broad and does not specifically describe the information sought with reasonable particularity. Without waiving this objection, the defendant will endeavor to identify any documents it believes responsive to this description which have not already been produced.

4. All documents and other sources of information relating to Defendant Data Line’s accounting system maintained for the MeraBank Account including, but not limited to, charts of accounts and accounting manuals.

The defendant objects to this request for production because it is overly broad and does not specifically describe the information sought with reasonable particularity. Without waiving this objection, to the best of the defendant’s information, knowledge and belief, there are no documents responsive to this request beyond those which may be produced pursuant to paragraph 3 above.

5.

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Cite This Page — Counsel Stack

Bluebook (online)
148 F.R.D. 225, 1992 U.S. Dist. LEXIS 21326, 1992 WL 472307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/data-link-systems-inc-v-data-line-service-co-innd-1992.