Great Western Funding, Inc. v. Mendelson

158 F.R.D. 339, 1994 U.S. Dist. LEXIS 14404, 1994 WL 560464
CourtDistrict Court, E.D. Pennsylvania
DecidedOctober 5, 1994
DocketCiv. A. No. 91-5188
StatusPublished
Cited by4 cases

This text of 158 F.R.D. 339 (Great Western Funding, Inc. v. Mendelson) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Great Western Funding, Inc. v. Mendelson, 158 F.R.D. 339, 1994 U.S. Dist. LEXIS 14404, 1994 WL 560464 (E.D. Pa. 1994).

Opinion

MEMORANDUM

JOYNER, District Judge.

The Motions before this Court today1 are Joint Motions of Defendants2 for Sanctions against the Plaintiffs and Intervening Plaintiffs 3 for Failing to Produce Billy Dan Bry-son and John Mitchell for Depositions in Accordance with Court Order. These Motions request the extraordinary sanction of dismissal of Plaintiffs’ claims. For the reasons explained below, in this ease the request to dismiss is GRANTED.

HISTORY OF DISCOVERY IN THIS ACTION

Although this case was filed more than three years ago, the deadline for discovery has only just passed and much of the requested discovery has never occurred. Although Plaintiffs assert that the issues at stake are “not complex” the docket entries reflect 124 separate documents and comprise 25 pages.

The issues Defendants raise in support of their Motions for Sanctions are that two witnesses have never appeared for any noticed deposition and that two witnesses have never appeared to complete their depositions.

Following is a brief history of discovery disputes in this case.4

Billy Dan Bryson, Former Vice President of Underwriting, Great Western Funding, Inc.

3/23/94 Mr. Bryson fails to appear for his first noticed deposition because of “business considerations.”

4/14/94 Plaintiffs agree to produce Mr. Bry-son for a deposition noticed for June 1, 2, and 3, 1994.

5/9/94 Mr. Bryson informs Defendants, via Plaintiffs’ counsel, that he will not attend the June deposition.

5/19/94 Defendants file motion to compel Mr. Bryson’s deposition, noticed for June 6, 7, and 8, 1994.

6/6-8/94 Mr. Bryson does not appear for his rescheduled deposition.

7/12/94 Court Order directing Mr. Bryson to appear in Philadelphia for a three day deposition.

7/13/94 Court-Ordered deposition agreed to and noticed for July 26, 27 and 28, 1994.

7/26-8/94 Mr. Bryson does not appear for his Court-Ordered deposition.

7/29/94 Plaintiffs’ Counsel states that Mr. Bryson has received funds with which to travel to Philadelphia.

8/2/94 Mr. Bryson informs Defendants, through Plaintiffs’ Counsel, that he will not travel to Philadelphia in any event.

[342]*342John Mitchell, Identified by Research Capital, Inc. and Terra Yield # 10 Joint Venture as sole 80(b)(6) Corporate Designee.

2/17/94 Mr. Mitchell’s deposition noticed for March 3, 1994.

2/18/94 Plaintiffs’ Counsel informs Defendants that they will produce Mr. Mitchell for his deposition.

3/1/94 Plaintiffs’ Counsel informs Defen- • dants that Mr. Mitchell will not attend his March deposition for “work-related” reasons.

Plaintiffs’ Counsel agrees to produce Mr. Mitchell on April 8, 1994.

4/8/94 Mr. Mitchell does not attend his rescheduled deposition.

5/9/94 Mr. Mitchell informs Defendants, via Plaintiffs’ Counsel, that he will not travel to Philadelphia for his deposition.

5/19/94 Defendants’ Joint Motion to Compel Mr. Mitchell’s deposition. Deposition noticed for June 23 and 24, 1994.

6/23-4/94 Mr. Mitchell does not attend his rescheduled deposition.

7/12/94 Court Orders Mr. Mitchell to appear in Philadelphia for three days for a deposition before August 15, 1994.

7/13/94 Parties agree to depose Mr. Mitchell on August 2, 3, and 4, 1994.

8/2-4/94 Mr. Mitchell does not attend his Court-Ordered deposition because of “participation in a trial” in Texas. However, the “trial” was a post-trial hearing scheduled for August 3, 1994, whieh was canceled. Mr. Mitchell agrees to appear on August 5 and 6 (a Friday and Saturday), but Defendants’ Counsel is unavailable.

8/4/94 Mr. Mitchell informs this Court and Defendants, via Plaintiffs’ Counsel, that he will not travel to Philadelphia for his deposition in any event.

Robert Cooper, Chief Executive Officer, Great Western Funding, Inc.

3/28/94 Mr. Cooper appears for deposition scheduled to begin that day and continue from day to day until completed. However, he states that he will leave at 4:00 p.m. and will not return the following day.

4/14/94 Mr. Cooper’s deposition is rescheduled for May 11, 12, and 13, 1994.

4/28/94 Mr. Cooper informs Defendants, via Plaintiffs’ Counsel, that he will not return to Philadelphia due to conflicting work schedules, but states that he is available, in Texas, for one day the next week.

5/5/94 Defendants agree to postpone the deposition for one week, but require the deposition to take place in Philadelphia.

5/6/94 Mr. Cooper informs Defendants, via Plaintiffs’ Counsel, that he will not travel to Philadelphia for his deposition.

5/11-3/94 Mr. Cooper does not attend his rescheduled deposition.

5/19/94 Defendants file a Motion to Compel the deposition, noticed for June 20-22, 1994.

6/20-2/94 Mr. Cooper does not attend his rescheduled deposition.

7/12/94 Court Orders Mr. Cooper to be available for three days in Philadelphia for his deposition.

7/15/94 Plaintiffs agree to produce Mr. Cooper in Philadelphia between August 9 and 15, 1994.

8/4/94 Mr. Cooper informs this Court and Defendants, via Plaintiffs Counsel, that Mr. Cooper will not travel to Philadelphia for his Court Ordered deposition.

8/9-15/94 Mr. Cooper does not attend his Court-Ordered deposition.

Jimmy Wolff, Officer and Board Member, Great Western Funding, Inc.

3/21/94 Mr. Wolff appears for deposition scheduled to begin that day and continue from day today until completed. However, he states that he will leave at 4:00 p.m. and will not return the following day.

4/14/94 Mr. Wolffs deposition is rescheduled for May 9 and 10, 1994.

4/28/94 Mr. Wolff informs Defendants, via Plaintiffs’ Counsel, that he will not return to Philadelphia due to conflicting work schedules, but states that he is available, in Texas, for one day the next week.

[343]*3435/5/94 Defendants agree to postpone the deposition for one week, but require the deposition to take place in Philadelphia.

5/6/94 Mr. Wolff informs Defendants, via Plaintiffs’ Counsel, that he will not travel to Philadelphia for his deposition.

5/9-10/94 Mr. Wolff does not attend his rescheduled deposition.

5/19/94 Defendants file a Motion to Compel the deposition, noticed for June 13-14, 1994.

6/13-4/94 Mr. Wolff does not attend his rescheduled deposition.

7/12/94 Court Orders Mr. Wolff to be available for three days in Philadelphia for his deposition.

7/15/94 Plaintiffs agree to produce Mr. Wolff in Philadelphia between August 9 and 15, 1994.

8/4/94 Mr. Wolff informs this Court and Defendants, via Plaintiffs Counsel, that he will not travel to Philadelphia for his Court-Ordered deposition.

8/9-15/94 Mr. Wolff does not attend his Court-Ordered deposition.

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Cite This Page — Counsel Stack

Bluebook (online)
158 F.R.D. 339, 1994 U.S. Dist. LEXIS 14404, 1994 WL 560464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/great-western-funding-inc-v-mendelson-paed-1994.