Dorrah v. United States

282 F.R.D. 442, 2012 WL 3095334, 2012 U.S. Dist. LEXIS 106090
CourtDistrict Court, N.D. Iowa
DecidedJuly 31, 2012
DocketNo. C11-4070-DE0
StatusPublished
Cited by128 cases

This text of 282 F.R.D. 442 (Dorrah v. United States) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dorrah v. United States, 282 F.R.D. 442, 2012 WL 3095334, 2012 U.S. Dist. LEXIS 106090 (N.D. Iowa 2012).

Opinion

ORDER

LEONARD T. STRAND, United States Magistrate Judge.

This matter is before the court on defendant’s July 2, 2012, motion (Doc. No. 25) for leave to conduct limited discovery. Plaintiff filed a resistance (Doc. No. 26) on July 12, 2012. The court conducted a telephonic hearing on July 25, 2012. Plaintiff appeared via attorney Robert Deck and defendant appeared via attorney Stephanie Wright. The matter is now fully submitted.1

PROCEDURAL HISTORY

Plaintiff filed her complaint (Doc. No. 2) on August 12, 2011. She alleges she was injured on August 1, 2009, as a result of a trip- and-fall accident while attending an air show sponsored by the 185th Air Refueling Wing of the Air National Guard in Sioux City. She further alleges defendant was negligent and breached its duty of care to her and that this negligence or breach of duty was the sole proximate cause of her damages.

On October 14, 2011, defendant filed a motion to dismiss (Doc. No. 6) pursuant to Federal Rules of Civil Procedure 12(b)(1) (lack of subject-matter jurisdiction) and 12(b)(6) (failure to state a claim upon which relief may be granted). Defendant contends the court lacks subject matter jurisdiction under 28 U.S.C. § 1346(b)(1) because a private person would not “be liable to the claimant in accordance with the law of the place where the act or omission occurred.” In support of this argument, defendant relies on Iowa’s Recreational Use Act, IOWA CODE § 461C.1, et seq. (“RUA”). Defendant contends the RUA creates tort immunity for the negligent acts of a landowner who opens his or her land to the public free of charge for recreational use. Defendant further contends this immunity applies to the air show at issue, as the event was a “recreational use” and the public was allowed to attend free of charge. As such, according to defendant, subject matter jurisdiction is lacking because a private person would be immune [444]*444from liability under the circumstances present in this case.2

Defendant also contends dismissal under Rule 12(b)(6) is mandated because it cannot be liable absent a “willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.” Doc. No. 6-1 at 9 (quoting Iowa Code § 461C.6(1)). Because plaintiff has alleged only negligence, and not “willful or malicious” conduct, defendant contends the complaint fails to state a claim upon which relief may be granted.

Plaintiff filed a resistance (Doc. No. 7) to defendant’s motion to dismiss on October 31, 2011. She argues, inter alia, that she is entitled to engage in discovery on the issue of whether the air show was a “recreational use” under the RUA. Plaintiff notes that although no admission fee was charged, the event may have been of a commercial, for-profit nature because food vendors were available and defendant barred attendees from bringing coolers and backpacks. Doc. No. 7-1 at 3. Plaintiff asks the court to either overrule the motion to dismiss or to hold it in abeyance until the completion of discovery.

On March 13, 2012, the Honorable Donald E. O’Brien issued an order (Doc. No. 17) in this case holding that “providers of recreational activities who are primarily commercially motivated are not entitled to recreational use immunity.” Doc. No. 17 at 12. He further held that limited discovery is appropriate “if there is a plausible question as to whether or not the recreational use was commercially motivated, and such information is uniquely in defendant’s control.” Id. As such, Judge O’Brien ordered:

... Plaintiff has forty-five days to conduct discovery related to the economic benefits Defendant derived from hosting the Air Show. Such discovery shall be reasonably limited to determining whether Defendant’s purpose for holding the Air Show was motivated by a commercial or public service purpose.

Doc. No. 17 at 12-13. Defendant filed a motion (Doe. No. 18) to reconsider this order. The court entered an order (Doc. No. 20) staying discovery pending resolution of the motion to reconsider. On May 16, 2012, the court entered an order (Doc. No. 22) denying defendant’s motion to reconsider and lifting the stay of discovery.

In accordance with Judge O’Brien’s March 13, 2012, order, plaintiff served interrogatories and requests for the production of documents on defendant on March 20, 2012. Due to various extenuating circumstances, including the overseas deployment of one person with relevant knowledge and the maternity leave of another person with relevant knowledge, defendant sought and obtained an order (Doc. No. 24) extending its deadline for responding to discovery to October 19, 2012.

Meanwhile, on March 27, 2012, defendant served written discovery requests on plaintiff. Those requests include fourteen interrogatories and three document requests. Over the next three months, counsel had various communications concerning the timing of discovery and extensions of deadlines. On June 13, 2012, plaintiffs counsel directed an email message to defendant’s counsel indicating that plaintiff did not intend to respond to defendant’s discovery requests and would not agree to be deposed. Doc. 25-3 at Ex. B. Plaintiffs counsel explained that Judge O’Brien’s order of March 13, 2012, authorized discovery by plaintiff, not by defendant. Id. Plaintiff then served a formal objection to defendant’s discovery requests on June 14, 2012. Doc. 25-3 at Ex. A.

Defendant filed its present motion for leave to conduct limited discovery on July 2, 2012. Defendant contends it has the right to conduct discovery at this time and further asserts that the discovery requests served on March 27, 2012, seek relevant information. Defendant asks for entry of an order allowing it to “conduct discovery on issues relating only to the economic relationship between the plaintiff and defendant as it relates to [the RUA].” Doc. No. 25-1 at 10. According to defendant, this would include the written interrogatories and document requests it [445]*445previously served, plus “a deposition of plaintiff.” Id. at 3.

In her resistance, plaintiff contends defendant had no right or authority to serve the discovery requests at issue. Doc. No. 26-1 at 1. Plaintiff also contends that the discovery sought by defendhnt^ would be burdensome and oppressive. Id. at 2.

ANALYSIS

Federal Rule of Civil Procedure 26(d)(1) states as follows:

Timing. A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f), except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B), or when authorized by these rules, by stipulation, or by court order.

In this case, defendant does not contend that the parties have already conducted a Rule 26(f) conference. Nor have the parties submitted a proposed scheduling order and discovery plan. As such, neither party may seek discovery from any source unless otherwise authorized by the rules of procedure, by stipulation or by court order. See Fed.R.Civ.P.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
282 F.R.D. 442, 2012 WL 3095334, 2012 U.S. Dist. LEXIS 106090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorrah-v-united-states-iand-2012.