Howard v. Heffron

W.D. Michigan

Howard v. Heffron

118 F.R.D. 590, 10 Fed. R. Serv. 3d 1020, 1988 U.S. Dist. LEXIS 2232, 1988 WL 9992

CourtDistrict Court, W.D. Michigan

DecidedFebruary 5, 1988

DocketNo. G87-757 CA

StatusPublished

Cited by1 cases

This text of 118 F.R.D. 590 (Howard v. Heffron) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Howard v. Heffron, 118 F.R.D. 590, 10 Fed. R. Serv. 3d 1020, 1988 U.S. Dist. LEXIS 2232, 1988 WL 9992 (W.D. Mich. 1988).

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Opinion

ORDER DENYING MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES

HUGH W. BRENNEMAN, Jr., United States Magistrate.

The issue before the court is whether discovery requests made to a defendant after a complaint is filed but before it is served, are enforceable. The court holds they are not enforceable.

Plaintiff has filed a motion to compel production of documents and answers to interrogatories from the defendants. He states in his motion that he served his interrogatories and his request for production of documents on or about September 12, 1987, and that the defendant was not served with the complaint until over a month later on October 20, 1987. Defendants oppose the motion to compel, correctly pointing out that under the applicable federal rules interrogatories and requests for production of documents by a plaintiff may only be submitted contemporaneously with or following service of the summons and complaint on a defending party. Rules 33 and 34, FRCP.

Moreover, prematurely filed discovery requests do not become enforceable after the complaint and summons have been served. Prior to service of the summons and complaint the court has no jurisdiction over a defendant. Consequently, the defendant has no obligation to hold onto unsolicited discovery requests in anticipation that these requests may become viable at some future date. Orderly procedure does not require such speculation by a defendant. On the contrary, a defendant is presumably free to discard such requests without penalty. Absent a demonstrated willingness by the defendants to be bound by premature discovery requests, these must remain invalid even after the summons and complaint have been served. See Colston v. Procter & Gamble Mfg. Co., 12 Fed.R.Serv.2d 753 (E.D.Pa.1968).

The motion is denied and the discovery requests are stricken without prejudice.

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ORDER DENYING MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES

HUGH W. BRENNEMAN, Jr., United States Magistrate.

The issue before the court is whether discovery requests made to a defendant after a complaint is filed but before it is served, are enforceable. The court holds they are not enforceable.

Plaintiff has filed a motion to compel production of documents and answers to interrogatories from the defendants. He states in his motion that he served his interrogatories and his request for production of documents on or about September 12, 1987, and that the defendant was not served with the complaint until over a month later on October 20, 1987. Defendants oppose the motion to compel, correctly pointing out that under the applicable federal rules interrogatories and requests for production of documents by a plaintiff may only be submitted contemporaneously with or following service of the summons and complaint on a defending party. Rules 33 and 34, FRCP.

Moreover, prematurely filed discovery requests do not become enforceable after the complaint and summons have been served. Prior to service of the summons and complaint the court has no jurisdiction over a defendant. Consequently, the defendant has no obligation to hold onto unsolicited discovery requests in anticipation that these requests may become viable at some future date. Orderly procedure does not require such speculation by a defendant. On the contrary, a defendant is presumably free to discard such requests without penalty. Absent a demonstrated willingness by the defendants to be bound by premature discovery requests, these must remain invalid even after the summons and complaint have been served. See Colston v. Procter & Gamble Mfg. Co., 12 Fed.R.Serv.2d 753 (E.D.Pa.1968).

The motion is denied and the discovery requests are stricken without prejudice.

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118 F.R.D. 590, 10 Fed. R. Serv. 3d 1020, 1988 U.S. Dist. LEXIS 2232, 1988 WL 9992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-heffron-miwd-1988.

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