Deford v. Schmid Products Co.

120 F.R.D. 648, 1987 U.S. Dist. LEXIS 13525, 1987 WL 46803
CourtDistrict Court, D. Maryland
DecidedDecember 18, 1987
DocketCiv. No. HAR-85-4195
StatusPublished
Cited by53 cases

This text of 120 F.R.D. 648 (Deford v. Schmid Products Co.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deford v. Schmid Products Co., 120 F.R.D. 648, 1987 U.S. Dist. LEXIS 13525, 1987 WL 46803 (D. Md. 1987).

Opinion

MEMORANDUM

CATHERINE C. BLAKE, United States Magistrate.

Now pending before me are certain aspects of the Motion to Compel Production of Documents and the Motion to Compel Answers to Interrogatories filed by the plaintiffs on October 20, 1986 and November 4, 1986, respectively. The history of these disputes is set forth below.

I. Background

On October 11, 1985, Margaret E. Deford and her husband filed a complaint in this Court alleging that the use of a Saf-T-Coil intrauterine device (“IUD”) caused Mrs. Deford to develop pelvic inflammatory disease (“PID”), necessitating a hysterectomy and related surgical procedures which rendered her infertile. Damages are sought from Schmid Products Company on theories of negligence, strict liability and fraudulent misrepresentation, related to Schmid’s alleged failure to test its product adequately and to warn physicians and patients of various alleged risks of harm.

On October 20, 1986, the plaintiff filed a Motion to Compel Production of Documents. Many of the issues raised in that motion have been resolved between the parties or by other rulings of this Court. [650]*650The most significant remaining request is No. 4, which requests Schmid:

[t]o produce for inspection and copying the originals of all documents identified in the attached Exhibit List by their “Schmid No.,” that is, the number stamped at the bottom right hand corner of each page. All original attachments and enclosures identified therein are also requested.

Also remaining in contention is the plaintiffs’ Request No. 5, that Schmid produce for “inspection and copying the transcripts of all depositions and trials relative to the Saf-T-Coil IUD ...”. (See, Plaintiffs’ Motion to Compel, Exhibit A).

In its response to the plaintiffs’ Request for Production of Documents (attached as Exhibit B to the plaintiffs’ Motion to Compel), Schmid explained that the numbers stamped on the documents plaintiffs’ counsel sought copies of were production numbers placed on the documents as they were turned over in discovery in the case of Baysinger v. Schmid Products Co., Law No. 9973, in the Circuit Court for Worcester County. Schmid claimed it would violate the protective order entered by Judge Theodore Eschenburg in Bay-singer to turn over the documents in their unrestricted form to plaintiffs’ counsel in the Deford case. Schmid further offered to allow plaintiffs’ counsel to review the original documents but only after a. protective order like that in Baysinger was entered by. the Court in this case. Schmid objected to the request for all depositions and trial transcripts on the grounds of overbreadth and undue burden. Schmid further represented that some of the transcripts were subject to protective orders in other cases and suggested that plaintiffs’ counsel in this case could contact plaintiffs’ counsel in the other cases in order to obtain the transcripts. Finally, Schmid incorporated by reference its application for a protective order filed in Moser v. Schmid Products Company, Civil No. HAR-83-867.1

The plaintiffs’ Motion to Compel argued that the documents identified were limited in number and relevant to the plaintiffs’ case. The Defords further argued that the burden was on the defendant to prove its need for a protective order as to each document, and that nothing in any other court’s protective order precluded the defendant from disclosing its own documents to the plaintiffs in this case. As to the transcripts of Schmid witnesses in other litigation, the Defords argued they were relevant and more easily produced by the defendant than obtained by the plaintiffs on a piecemeal basis from other plaintiffs’ counsel. The Defords pointed out the possible use of prior testimony for impeachment purposes and also the economy and convenience of avoiding repetitive depositions.

On November 4, 1986, the plaintiffs filed a Motion to Compel answers to certain interrogatories they had served upon the defendant Schmid. Most of those disputes also have been resolved between counsel or by the Court. The one relevant to the issues in the request for documents is interrogatory No. 3, which asked Schmid to identify all deposition and trial transcripts of testimony by “past and present agents and employees” of Schmid and related companies concerning the Saf-T-Coil IUD. Schmid refused to list such transcripts on the grounds of overbreadth. Also at issue was Interrogatory No. 19, asking for information concerning any reports received by Schmid that associated the Saf-T-Coil with pelvic abscesses.

On November 6, 1986, Schmid filed its Response to the plaintiffs’ motion to compel related to the production of documents. Schmid asserted reliance on the protective orders entered in Baysinger and in Younker v. Schmid Products Co., Law No. 13406 in the Circuit Court for Washington County, and argued that its demonstration of entitlement to a protective order in other cases, as well as the dictates of courtesy and comity, required a denial of the plain[651]*651tiffs’ request No. 4. Schmid repeated its objection to the request for transcripts as overbroad and also asserted that virtually all the transcripts were covered by protective orders issued by various federal and state courts restricting the use of the discovery and trial transcripts to the particular cases in their jurisdictions. Schmid asserted that a request for modification must be made to the courts which issued the protective orders.

A Local Rule 34 certification was filed on December 3, 1986. On June 4, 1987, the plaintiffs’ Motions to Compel were referred to the undersigned magistrate for resolution. After a hearing on July 8, 1987, I issued a letter Order requiring the plaintiffs to provide to the defendant by July 10, 1987 a list of any documents, in addition to the 146 previously identified, as to which they sought access unrestricted by the terms of any protective order.2 Defense counsel was to file a memorandum by July 31, 1987 specifically identifying which documents should not be disclosed except under protective order, stating reasons as to each document.

Plaintiffs’ counsel provided the expanded list of documents, for a total of 191 specified items, as required. When counsel were unable to agree upon the terms of the protective order, however, defense counsel declined to address the issue of the 191 items in dispute, for fear of waiving some rights under the Baysinger order. After another hearing on September 11,. 1987, I entered a Memorandum and Order which directed defense counsel to identify those documents which he believed should be covered by a protective order no later than September 21, 1987, and provide his justification for such an order as to each document. Documents that defense counsel agreed did not require a protective order were to be provided by October 9, 1987. As to interrogatory No. 3 and document request No. 5, defense counsel was directed to furnish a list of the transcripts by October 9, 1987, from which plaintiffs’ counsel was to identify those items she wanted copied. Defense counsel then was to have an opportunity to advise the Court of any particular transcript he did not wish to produce.3

Related to the protective order dispute was plaintiffs’ interrogatory No. 19 which requested Schmid to identify reports it had received regarding any association of the Saf-T-Coil IUD with pelvic abscesses.

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120 F.R.D. 648, 1987 U.S. Dist. LEXIS 13525, 1987 WL 46803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deford-v-schmid-products-co-mdd-1987.