Kearns v. Ford Motor Co.

114 F.R.D. 57, 2 U.S.P.Q. 2d (BNA) 1321, 1987 U.S. Dist. LEXIS 699
CourtDistrict Court, E.D. Michigan
DecidedFebruary 3, 1987
DocketCiv. A. Nos. 78-70740, 78-70642 and 79-74451
StatusPublished
Cited by5 cases

This text of 114 F.R.D. 57 (Kearns v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kearns v. Ford Motor Co., 114 F.R.D. 57, 2 U.S.P.Q. 2d (BNA) 1321, 1987 U.S. Dist. LEXIS 699 (E.D. Mich. 1987).

Opinion

MEMORANDUM OPINION AND ORDER IMPOSING SANCTIONS AND PERMITTING WITHDRAWAL OF COUNSEL

PHILIP PRATT, Chief Judge.

This is the lead case in a series of patent infringement suits filed by Dr. Kearns [58]*58against various automakers and DiamlerBenz, and Porsche. S.W.F., a German auto components supplier, filed a patent declaratory judgment suit in Maryland against Dr. Kearns. After an extensive jurisdictional delay, the court in Maryland transferred venue of the SWF case to this court. These cases have been consolidated for pretrial purposes.

This is a patent case of unusual dimensions. It involves a man and his son who have been engaged in a protracted struggle with many of the major automakers in the United States and Europe. Since its inception, this lawsuit has proved to be fertile ground for problems. What is now before the court are a series of motions to dismiss filed by the defendants, precipitated by revelations which suggest outrageous and highly unethical conduct engaged in on behalf of the plaintiff. The facts giving rise to these motions are the stuff of detective novels.1

The plaintiff is Robert W. Kearns, a former Wayne State University Engineering Professor. He holds seven patents to circuitry which is integral to electronic intermittent windshield wipers. Central to this lawsuit is the plaintiffs son, Dennis Kearns, who is a licensed private investigator. The younger Kearns’ involvement in this litigation has not been pedestrian. He has been substantially involved in each and every aspect of his father’s lawsuit.

At issue is the conduct of Dr. Kearns and his son in surreptitiously acquiring privileged documents from the Washington, D.C. offices of defense counsel. Neither plaintiff nor his son were entitled to the documents. After obtaining these documents, Dennis Kearns set up a smokescreen to divert defense counsel from determining how he obtained them.

On August 15, 1983, the plaintiff filed a motion for summary judgment. Attached to the motion were exhibits the defendants considered highly confidential and privileged. Included in the documents were internal memoranda regarding meetings between the defendants at which the validity of the Kearns’ patents were discussed. Some of the same documents were attached to the plaintiff’s brief in opposition to SWF’s motion for preliminary injunction pendente lite. None of these documents had been obtained by the plaintiff through normal discovery channels.

On September 9, 1983, the defendants moved to restrain and enjoin the plaintiff from using the confidential documents. Less than a week later, the court issued a restraining order prohibiting any use of the documents other than in connection with the pending litigation. The documents were subsequently held to be within the attorney work-product privilege and ordered returned to the defendants on June 29, 1984.

In attempting to find out how plaintiff acquired the privileged documents, defendants met with much resistance. The plaintiff had to be ordered to answer interrogatories concerning the source of the documents. In answer to an interrogatory, plaintiff stated that Dennis Kearns, his son, obtained the documents “from a former employee of the law firm of Craig and Antonelli.” The Craig and Antonelli firm represented several of the defendants until July 1, 1982. The firm was dissolved and Craig alone now represents these defendants. The revelation that the plaintiff obtained the documents from an insider sparked an intensive inquiry by defendants to determine how the documents were acquired.

Dennis Kearns was not helpful when the defendants asked him to provide details concerning his procurement of the documents. On several occasions the defendants were forced to obtain court orders requiring Dennis Kearns to supply them with relevant information. Bench Ruling, November 3, 1983, at 6, 8; Order Denying Dennis Kearns’ Motion for Protective Order, July 9, 1984. Once Dennis Kearns [59]*59realized that he would have to reveal the source of. the documents, he went to great efforts to contact his source. He questioned her neighbors and family, and used other means to track her down. Dennis Kearns’ Deposition, February 8, 1985 at 28-29, 36-37. [Thereafter D. Kearns Dep.] Finally, in late 1984, he located her and warned her that her name would be revealed in the pending litigation. Id.

The February 8, 1985 deposition of Dennis Kearns was the next step in tracking down the source of the confidential documents. Dennis Kearns finally admitted that he received the documents in 1980 from a Craig and Antonelli paralegal named Laurie J. Fitzpatrick. According to the deposition, Kearns first met Ms. Fitzpatrick at a paralegal seminar at George Washington University in Washington, D.C. D. Kearns Dep. at 14. The deposition suggests that after the two met, Ms. Fitzpatrick offered the documents to Dennis Kearns.

Q: [Defendant’s counsel] Did you, at any time, discuss with her, prior to receiving the documents, obtain any documents from her? Before you got this set of the documents from Ms. Fitzpatrick, did you, at any time, discuss with her, before then, the possibility of getting some documents from her?
A. [Dennis Kearns] I think she’d asked me whether I wanted a set.
Q. What did she tell you, to the best of your recollection?
A. I’m not sure. What do you mean, “what did she tell me?”
Q. What did she offer to provide you with? What do you recall about the conversation?
A. Well, it was a long time ago. I — it’s hard to really remember the conversation.

D. Kearns, Transcript at 16-17. This meeting, he admitted in his deposition, also marked the beginning of an eight month intimate relationship which came to an abrupt halt once he obtained the documents. D. Kearns Dep. at 30, 43, 49, 171, 176.

What Dennis Kearns did with the documents after he received them from Ms. Fitzpatrick was not altogether clear from his deposition testimony. In October, 1982, Dennis Kearns was in Stuttgart, Germany for the deposition of some of the defendants’ employees. In a Stuttgart- hotel room, Dennis Kearns showed the documents to his father and his father’s attorneys, Keith Rockey and Thomas Elliott— apparently for the first time. D. Kearns at 50.

Q. [Defense attorney] What did Mr. Rockey say when you showed him the documents?
A. [Dennis Kearns] I think he was a little surprised, but I’m not sure he understood what they were.
Q. Well, did you tell him what they were?
A. I’m not sure exactly what terms I used.
Q. ' Did you tell him they came from the files of Craig and Antonelli?
A. I think I probably told him that they appeared to, yes.
Q. When he turned them over to Elliott what did he tell him to do with the documents when he turned them over?
A. I don’t think he instructed Tom at all.
Q. Did anyone ever tell you to return any of these documents?
A. Yes.
Q. Who?
A. I think Keith and my dad, both. D. Kearns Dep. at 128.

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

Related

Speckman v. Minnesota Mining & Manufacturing Co.
7 F. Supp. 2d 1030 (D. Nebraska, 1997)
Adams v. Shell Oil Co.
143 F.R.D. 105 (E.D. Louisiana, 1992)
Harris v. Marsh
679 F. Supp. 1204 (E.D. North Carolina, 1987)
Naked City, Inc. v. Aregood
117 F.R.D. 634 (N.D. Indiana, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
114 F.R.D. 57, 2 U.S.P.Q. 2d (BNA) 1321, 1987 U.S. Dist. LEXIS 699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kearns-v-ford-motor-co-mied-1987.