Greene v. Raymond

41 F.R.D. 11, 10 Fed. R. Serv. 2d 881, 1966 U.S. Dist. LEXIS 10703
CourtDistrict Court, D. Colorado
DecidedSeptember 6, 1966
DocketCiv. A. No. 68-C-220
StatusPublished
Cited by9 cases

This text of 41 F.R.D. 11 (Greene v. Raymond) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greene v. Raymond, 41 F.R.D. 11, 10 Fed. R. Serv. 2d 881, 1966 U.S. Dist. LEXIS 10703 (D. Colo. 1966).

Opinion

MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, District Judge.

The plaintiffs, pursuant to Rule 33, Federal Rules of Civil Procedure, have ■submitted 131 interrogatories to the defendant Standard Oil Company. Defendant has objected to each and every interrogatory but has made a few concessions by supplemental letter. There have been oral arguments and the matter stands submitted.

The action is for damages resulting from the alleged negligent conduct of an agent, servant, or employee of the defendants, American Oil Company and Standard Oil Company. Seemingly, the •defendant service station allowed a coca-cola bottle to come into contact with the accelerator of a motor vehicle. Jurisdiction is founded on diversity of citizenship and requisite amount. The case is at issue and discovery'has proceeded mainly through the use of interrogatories.

Those in question at this time seek to determine the true relationship of the party defendants to one another. This, apparently, in the hope that a legal relationship will be disclosed making possible the ultimate liability of defendant Standard Oil Company. To this end many interrogatories seek information as to the joint operation, control, ownership, management, and business objectives of Standard Oil Company and American Oil Company. Others attempt to establish the relation of Jay L. Raymond to Standard Oil. Still other interrogatories appear to be disassociated from either of these inquiries.

It is to be observed at the outset that the interrogatories here in question are largely disproportionately broad and demanding. They are not geared to the object sought and examination of them has been an onerous burden.

We recognize, of course, that the rules for pretrial discovery are to be liberally construed; nevertheless, they are not without limit. See Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385, 91 L.Ed. 451 (1946). Rule 33 does not license the unlimited quizzing of an adverse party. See, e. g., Bell v. Swift and Co., 5 Cir. 1960, 283 F.2d 407; Newell v. Phillips Petroleum Co., 10 Cir. 1944, 144 F.2d 338; Westinghouse Credit Corp. v. Mountain States Mining and Milling Co., D.Colo.1965, 37 F.R.D. 348; and Stonybrook Tenants Ass’n, Inc. v. Albert, D.Conn.1961, 29 F.R.D. 165. These eases, and others, recognize the discretion of the trial court in allowing or denying the proposed interrogation. It is the court’s duty to determine whether the interrogatories comply with the relevancy tests found in Rule 26(b) and specifically incorporated into Rule 33. Only after the interrogatories have been found to be relevant should the court [14]*14order them to be answered. See Bowles v. Safeway Stores, D.Mo.1945, 4 F.R.D. 469.

Relevancy is the principal inquiry for general objections that the interrogatories are burdensome or onei*ous to answer, too many in number, or related to matter immaterial to any issue raised by the pleadings are usually held to be insufficient. See Kainz v. Anheuser-Busch, Inc., N.D.Ill.1954, 15 F.R.D. 242; Shrader v. Reed, D.Neb.1951, 11 F.R.D. 367; and Hoffman v. Wilson Line, Inc., E.D.Pa.1946, 7 F.R.D. 73. However, objections of undue burden and expense have been sustained where the court was impressed that the research required would be particularly time consuming and expensive and the value to be derived is relatively minimal. See Tivoli Realty v. Paramount Pictures, D.Del.1950, 10 F.R.D. 201, and Cinema Amusements v. Loew’s, Inc., D.Del.1947, 7 F.R.D. 318. Even more frequently, interrogatories too indefinite or all-inclusive have been struck down. See Wedding v. Tallant Transfer Co., D. Ohio, 1963, 37 F.R.D. 8; Stovall v. Gulf & South Am. S. S. Co., D.Tex.1961, 30 F.R.D. 152; and Webster Motor Car Co. v. Packard Motor Car Co., D.D.C. 1955, 16 F.R.D. 350. Such inquiries, too broad in scope, are regarded as irrelevant.

The pleadings indicate that Standard Oil’s involvement in the present controversy can only be predicated on its relationship to Jay L. Raymond or American Oil Company. The plaintiffs allege that Jay L. Raymond is an agent, servant or employee of Standard Oil and that American Oil Company is a wholly-owned subsidiary of Standard Oil. (The latter allegation is admitted by Standard’s counsel in the objections to interrogatories). The plaintiffs further suggest that American Oil is a mere instrumentality, in effect a puppet, of Standard Oil Company. This theory suggests the relationship between the two corporations is so closely interwoven that American Oil does not exist autonomously from its parent corporation.

Matters bearing on these relationships are relevant within the meaning of Rule 26(b). That rule, which limits the scope of examination to “any matter, * * *, which is relevant to the subject matter involved in the pending action,” or which “appears reasonably calculated to lead to the discovery of admissible evidence,” is satisfied where the relationships, if established, would have a substantial effect on the outcome of the case. See Lumbermen’s Mutual Casualty Co. v. Pistorino & Co., Inc., D.Mass.1961, 28 F.R.D. 1, and Boldizzoni v. Canvas Glove Mfg. Works, Inc., E.D.N.Y.1941, 5 F.R.Serv. 33.319, Case 1.

Applying these principles to plaintiff’s interrogatories we find that the bulk of them cannot be sustained. Notwithstanding other objections, the plaintiffs have failed to limit their requests in any reasonable way. This deficiency exists in most of the interrogatories which might otherwise be relevant under the test noted above. Certain restrictions and limitations must therefore be made to limit the plaintiffs’ quest for irrelevant as well as relevant infoi*mation to a search with a narrower objective. See Young Spring and Wire Corp. v. American Guarantee and Liability Ins. Co., W.D.Mo.1963, 32 F.R.D. 345, which is an example of the use of discretion to restrict a far reaching interrogation to a relevant one.

Most notable is the restriction on the period of inquiry. All of the interrogatories allowed should be restricted in scope to the state of facts existing on January 11, 1962, the date plaintiffs’ cause of action accrued. This is the date on which the relationships must be shown to have been in existence under plaintiffs’ suggested theories of liability. Evidence dated prior to or after that date would be of little probative value and would be irrelevant to the state of the relationships as of January [15]*1511, 1962. Many interrogatories are couched in language difficult to answer as limited here, i.e., information is solicited about past transactions, methods of operation, and relationships which may or may not have been in force on January 11, 1962. In such instances an answer will be deemed sufficient if it discloses the transactions or operations in effect or existence on January 11, 1962, and the relationships existing at that time.

Other interrogatories are restricted by striking requests for information relative to Standard’s “agents, servants, and employees.” It is obvious that the activities or relationship of an officer or director with another corporation might be relevant since corporations exist rationally on through such individuals.

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41 F.R.D. 11, 10 Fed. R. Serv. 2d 881, 1966 U.S. Dist. LEXIS 10703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-raymond-cod-1966.