Labbe v. Home Depot USA, Inc.

22 Mass. L. Rptr. 310
CourtMassachusetts Superior Court
DecidedMarch 19, 2007
DocketNo. 0600185
StatusPublished
Cited by1 cases

This text of 22 Mass. L. Rptr. 310 (Labbe v. Home Depot USA, Inc.) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Labbe v. Home Depot USA, Inc., 22 Mass. L. Rptr. 310 (Mass. Ct. App. 2007).

Opinion

MacDonald, D. Lloyd, J.

Before the Court are plaintiffs motions to compel further discoveiy in connection with what the plaintiff alleges were inadequate answers to his interrogatories and inadequate responses to his request for production of documents.

[311]*311The dispute joined by these motions provides a vivid illustration of discovery abuse by counsel for both parties by their failure to comply with basic obligations under the rules. The result has been a waste of the Court’s scarce resources as it has had to intervene to decide issues that counsel should have been able to resolve themselves, or — at a minimum — to narrow substantially.

The rules of discovery in all but the narrowest class of cases should be self-executing. As explicitly provided in Superior Court Rule 9C, no motion under either Rule 26 or 37 may be filed without counsel having conferred and made “a good faith effort to narrow areas of disagreement to the fullest extent.” And a 9C conference must not be an empty exercise while counsel posture in their respective client’s alleged interest and then leave for the Court to mop up issues that ought, by any objective measure, to have been resolved between counsel. The latter is exactly the situation presented here.

The Rule 9C obligation to meet and confer to narrow issues is especially important to honor at this juncture of the Superior Court’s institutional effort through its “firm and fair trial” initiative to accelerate the just disposition of cases. The improvement of the court system’s efficiency and timeliness was a central recommendation of the Monan Report and remains a central priority of the Court Management Advisory Board, which was created by the Legislature in response to the Monan Report.

Whatever time is taken by a judge to resolve an unnecessary discovery issue is time taken away from the resolution of issues that truly deserve the Court’s attention. And the result is that the disposition of those worthy disputes is postponed to the detriment not only of the parties before the Court but to the detriment of those thousands of litigants whose cases are waiting in line. And the systemic “dysfunction” of our courts, noted by the Monan Report as to the timely disposition of cases, is perpetuated.

The instant case is a routine personal injury case. Describing it as “routine” is not to depreciate it in any way; rather, it is to recognize it as of the type and order of magnitude that commonly comes before the Court. It is a premises liability claim arising from the plaintiffs alleged injury at the South Attleboro Home Depot store on account of a wooden stairway post allegedly having fallen from a shelf and striking him. Medical and related damages were reported to be $12,280.95 on the Civil Action Cover Sheet.

Discovery Requests at Issue

Interrogatories:

No. 5b: The identity of the person responsible at the store for the types of shelving.
No. 6: “[A]ll policies and/or practices of the defendant between March 24, 2003 [the date of the incident] and the present which relate to how wooden stairway posts are to be displayed and/or shelved at Home Depot stores.”
No. 9: “[A]ll actions taken by Home Depot employees in relation to the shelving, displaying and/or storing of wooden stairway posts at the . . . store after [the accident].”
No. 10: Details of notices of claims for personal injury in any Home Depot store from March 24, 1997 to March 24, 2003.
No. 12: Conversations between Home Depot personnel and the plaintiff.
Document Requests:
No. 8: “Policies and/or practices of the defendant which relate to shelving and/or display of items within Home Depot stores between March 24, 2003 [the date of the accident] and the present.
No. 9: “All blueprints, design drawings, ‘as built’ drawings, diagrams and/or schematics relating to the shelving which has been utilized by Home Depot for display of wooden stairway posts between [the date of the incident] and the present."
No. 10: “All documents which set forth or relate to the need for or presence of barriers placed across shelving at Home Depot stores to prevent items, such as wooden stairway posts, from falling from elevated shelving.”
No. 11: “All documents, letters, memoranda and/or notes which discuss the need for precautions to be taken by Home Depot personnel to prevent objects from falling from elevated shelving at Home Depot stores.”

Defendant’s Position

The defendant responded, apparently by rote, to each of the above with the objection that it was “overly broad, unduly vague and burdensome and, therefore, beyond the scope of [Rules] 26(b) and 33 [or] 34(a).” In addition, more particularized objections were entered, to wit, as to:

Interrogatory No. 5(b) [person responsible for shelving]: “No time frame.”
Int. No. 6 [policies and/or practices relating to the display of posts] and Doc. Request No. 8 [policies and/or practices], No. 9 [blueprints and design drawings re shelves], No. 10 [barriers] and No. 11 [precautions]: “proprietary” and confidential information that would only be disclosed upon the execution of a confidentiality agreement strictly limiting use of the information to the case and requiring that the information be returned upon the case being concluded.

With regard to the alleged proprietary and confidential material, defendant’s counsel submitted for the Court’s in camera review a copy of the policy and procedure document that the defendant was offering to disclose subject to the execution of the confidentiality agreement.

[312]*312The defendant also objected to the production of any post-incident information or documents on the ground that they were not relevant.

Confidentiality Issue

The defendant described the information that it was withholding subject the execution of a confidentiality agreement as “confidential commercial information, trade secrets and/or propriety information.” At the hearing counsel for the defendant strenuously pressed her client’s conviction that the withheld materials were “proprietary.” Counsel pungently stated that her client “bled orange” over this issue (apparently a reference to the orange logo and image brand of the Home Depot organization).

The document submitted to the Court for in camera review is titled, “Critical Operating Safety Standards.” It is 16 pages and relates to lift equipment, banner barricades, fall protection and ladder use and “Merchandising Safety Standards” for overheads, shopping level and stacked merchandise.

Inasmuch as the defendant conditioned its readiness to produce discovery on the plaintiff s execution of a confidentiality agreement that would substantially restrict the plaintiffs use of the information received, it is necessary for the Court to address the appropriate role of such agreements in the discovery phase of a case.

Confidentiality agreements implicate many of the same interests as do court sanctioned impoundment orders.

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Bluebook (online)
22 Mass. L. Rptr. 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/labbe-v-home-depot-usa-inc-masssuperct-2007.