Fernandes v. United Fruit Co.

50 F.R.D. 82, 14 Fed. R. Serv. 2d 510, 1970 U.S. Dist. LEXIS 11707
CourtDistrict Court, D. Maryland
DecidedMay 14, 1970
DocketCiv. No. 20964
StatusPublished
Cited by15 cases

This text of 50 F.R.D. 82 (Fernandes v. United Fruit 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
Fernandes v. United Fruit Co., 50 F.R.D. 82, 14 Fed. R. Serv. 2d 510, 1970 U.S. Dist. LEXIS 11707 (D. Md. 1970).

Opinion

THOMSEN, Chief Judge.

Defendant has excepted to many of the interrogatories submitted to it by plaintiff. A few of the exceptions merit discussion in the light of the Amendments to the Federal Rules of Civil Procedure which will become effective on July 1, 1970. Rulings on the others are contained in an order filed in the case.

Supplementation of Responses

Plaintiff has prefaced his interrogatories with the following statement: “(a) These Interrogatories are continuing in character so as to require you to file Supplementary Answers, if you obtain further or different information before the trial.”

The practice in the Maryland state courts on this point, approved in Pare v. Rodrique, 256 Md. 204, 260 A.2d 313 (1969), is not and has not been the rule in the District of Maryland, see Diversified Products Corp. v. Sports Center Co., 42 F.R.D. 3 (D.Md.1967), although it was the practice in some federal courts.1 Rule 26(e), F.R.Civ.P., as amended effective July 1, 1970, provides :

“(e) Supplementation of responses. —A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his response to include information thereafter acquired, except as follows:
“(1) A party is under a duty seasonably to supplement his response with respect to any question directly addressed to (A) the identity and location of persons having knowledge of discoverable matters, and (B) the identity of each person expected to be called as an expert witness at trial, the subject matter on which he is expected to testify, and the substance of his testimony.
“(2) A party is under a duty seasonably to amend a prior response if he obtains information upon the basis of which (A) he knows that the response was incorrect when made, or (B) he knows that the response though correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.
“(3) A duty to supplement responses may be imposed by order of the court, agreement of the parties, or at any time prior to trial through new requests for supplementation of prior responses.”

The practice heretofore followed by this Court, as set out in Diversified Products, supra, has been essentially the same as that prescribed by Rule 26(e), as amended, except for paragraph (2). This Court will hereafter follow the practice set out in the amended Rule.

Statements

Plaintiff’s Interrogatory No. 13 reads:

“State the names, addresses, home telephone numbers, places of employment, job titles or capacities and present whereabouts of each and every person including the Plaintiff who has given you a statement, declaration, affidavit or has otherwise been interviewed concerning the accident involved in this action. For each such statement, declaration, affidavit or interview, state: a. To whom each was made; b. Date or dates thereof; c. Whether oral, in writing or recorded on tape; d. At whose request each was made; e. If any statement is in writing, who wrote each and who [84]*84signed the same; f. The names and addresses of the person or persons who has present custody or possession of each statement. Attach a copy of each such statement in your control to your Answer to these Interrogatories, including any statement made by the Plaintiff.”

Defendant’s exception is sustained, except for plaintiff’s own statement, because plaintiff has not shown that he has substantial need of the materials in the preparation of his case and that he is unable without undue hardship to obtain the substantial equivalent of the materials by other means.2 See Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385, 91 L.Ed. 451 (1947); Schlagenhauf v. Holder, 379 U.S. 104, 85 S.Ct. 234, 13 L.Ed.2d 152 (1964); Guilford National Bank of Greensboro v. Southern Ry., 297 F.2d 921 (4 Cir. 1962); New York Central R. R. Co. v. Carr, 251 F.2d 433 (4 Cir. 1957). Rule 26(b) (3), as amended effective July 1, 1970, embodies the teaching of those cases. See discussion of the Rule as amended and the previous cases in the Advisory Committee Note to Rule 26(b) (3), 48 F.R.D. 499-503.

The practice in this district that in appropriate cases the court may order a party to be deposed before his statement is produced will still be followed. Smith v. Central Linen Service Co., 39 F.R.D. 15 (D.Md.1966), and Advisory Committee Note to Rule 26(b) (3) and Rule 26(e), 48 F.R.D. at 502, 503, 506.

Prior or Subsequent Injuries or Disability

Plaintiff’s Interrogatory No. 14 reads:

“If you contend that the injuries and disability now complained of by the Plaintiff were the result of prior or subsequent accidents, injuries or illnesses, give a concise statement of the facts upon which you rely.”

Defendant’s exception is sustained to the interrogatory as drawn, but defendant will be required to state whether it contends that any of plaintiff’s alleged disability is due to any prior or subsequent injury or disease about which information has been given to defendant, its attorneys or its examining physicians by plaintiff or by plaintiff’s attorney. Knighton v. Villian & Fassio etc., 39 F.R.D. 11, at 14 (D. Md.1965), and Buining v. The Transporter, 171 F.Supp. 127, at 135, 136 (D.Md.1959), are still the law of this district on this point.

Experts

Plaintiff’s Interrogatory No. 16 reads:

“Name all experts whom you propose to call as witnesses. Attach to your Answer copies of all written reports made to you by any experts whom you propose to call as witnesses.”

Rule 26(b) (4), as amended effective July 1, 1970, embodies the ruling of this court in Knighton v. Villian & Fassio, supra, 39 F.R.D. at 13-14, on this point, with certain additions. The parties hereto will be required to comply with Rule 26(b) (4), as amended, which reads:

“Trial preparation: Experts. — Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of subdivision (b) (1) of this rule and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows:
“(A) (i) A party may through interrogatories require any other party to identify each person whom the [85]

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

Related

Wood v. Credit One Bank
277 F. Supp. 3d 821 (E.D. Virginia, 2017)
Deseret Management Corp. v. United States
75 Fed. Cl. 571 (Federal Claims, 2007)
Gluck v. Ansett Australia Ltd.
204 F.R.D. 217 (District of Columbia, 2001)
Willard v. Constellation Fishing Corp.
136 F.R.D. 28 (D. Massachusetts, 1991)
Detwiler v. Gall, Landau & Young Construction Co.
712 P.2d 316 (Court of Appeals of Washington, 1986)
Patton v. Aerojet Ordnance Co.
765 F.2d 604 (Sixth Circuit, 1985)
Patton v. Aerojet Ordnance Company
765 F.2d 604 (Sixth Circuit, 1985)
In re Sinking of Barge "Ranger I"
92 F.R.D. 486 (S.D. Texas, 1981)
Ager v. Stormont-Vail Hospital
622 F.2d 496 (Tenth Circuit, 1980)
Nelson v. Puerto Rico Marine Management, Inc.
72 F.R.D. 637 (D. Maryland, 1976)
Tury v. Superior Court
505 P.2d 1060 (Court of Appeals of Arizona, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
50 F.R.D. 82, 14 Fed. R. Serv. 2d 510, 1970 U.S. Dist. LEXIS 11707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fernandes-v-united-fruit-co-mdd-1970.