Phillips v. Raymond Corp.

213 F.R.D. 521, 2003 U.S. Dist. LEXIS 891, 2003 WL 164222
CourtDistrict Court, N.D. Illinois
DecidedJanuary 22, 2003
DocketNo. 99 C 2152
StatusPublished
Cited by7 cases

This text of 213 F.R.D. 521 (Phillips v. Raymond Corp.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillips v. Raymond Corp., 213 F.R.D. 521, 2003 U.S. Dist. LEXIS 891, 2003 WL 164222 (N.D. Ill. 2003).

Opinion

MEMORANDUM OPINION AND ORDER

SHADUR, Senior District Judge.

Both sides in this overly-long-pending major personal injury case, brought by Sammie [523]*523Phillips (“Phillips”) against Raymond Corporation (“Raymond”),1 have most recently been deluging this Court with a paper blizzard, expending resources that could more profitably have been committed to the preparation and completion of the final pretrial order (“FPTO”) that is the essential prelude to a trial. Those efforts have stemmed from Phillips’ current attempt to win his case on paper, rather than before a jury, by filing a motion for default and sanctions based on Raymond’s asserted violations of its discovery obligations. This memorandum opinion and order denies that motion and returns the litigants to the road leading to trial.

More than one reason calls for such denial of Phillips’ motion, even though his counsel’s frustration with Raymond’s litigation tactics is entirely understandable. More on the latter point later. But as for the motion, this Court’s own time and resources are better devoted to ticking off the reasons for its denial in comparatively short compass rather than by extensive discussion (among other reasons, because other disputes in other cases deserve attention as well, and they— unlike this case — call for more detailed treatment of the applicable legal authorities).

For one thing, whatever else Raymond’s footdragging in the discovery process may have involved, Raymond has never violated a court order — a precondition to the imposition of sanctions permitted under Fed. R.Civ.P. (“Rule”) 37(b)(2)(C), the Rule upon which Phillips seeks to rely to place Raymond in default. Both the plain reading of that Rule’s language and a host of cases construing and applying it confirm that. Hence such cases as have imposed serious sanctions under that Rule, or even the ultimate sanction of an adverse judgment, carry no force for purposes of the current motion.

Second, a good part of Raymond’s resistance to discovery of which Phillips complains may reasonably have been grounded, as Raymond urges, in the oral ruling made by Magistrate Judge Ian Levin on May 23, 2002. Although Raymond makes much (as the later discussion reflects, too much) of the failure by Phillips’ counsel to have filed a timely objection under Rule 72(a) to the Magistrate Judge’s ruling, what Magistrate Judge Levin unquestionably did was to limit Phillips’ discovery to accidents involving the specific type of forklift that led to his own serious injury. Hence Raymond’s refusal to furnish the far broader scope of evidence that Phillips’ counsel has continued to seek since then cannot be characterized as a wilful violation of its discovery obligations.

So Phillips’ effort to end the case now via the extreme sanction of default must be and is denied. But that is not at all the end of the story, and this opinion now turns to the subject of Raymond’s remaining obligations.

It cannot be gainsaid that even though Raymond cannot fairly be charged with having hidden the discovery ball in such a way as to call for the drastic remedy sought by Phillips, Raymond has — with the encouragement of the ruling that it obtained from Magistrate Judge Levin — played its discovery cards too close to the vest in certain respects. Again for more than one reason, the appropriate answer to whether Phillips should now be provided with further materials regarding Raymond’s designated expert Edward Caulfield (“Caulfield”) must be resolved in favor of Phillips rather than Raymond.

Before this opinion turns to those reasons, just a few words should be said about the proceedings before Magistrate Judge Levin, the full transcript of which (Raymond’s Ex. 29 on the current motion) has been read by this Court. What is said here should not be taken as critical of the efforts by the Magistrate Judge, who freely acknowledged that he felt pressured to rule quickly (1) by the rarity of this Court’s Magistrate Judge references for the resolution of discovery disputes, (2) by the fact that this Court had recently inquired of him as to the status of matters and (3) by the substantial age of the ease.2 [524]*524What then happened was that the Magistrate Judge felt compelled to try to sort matters out on the basis of opposing counsels’ contradictory oral representations, without his having had the benefit of any prior review of written materials or authorities. And as stated earlier, he bought into the argument advanced by Raymond’s counsel that the forklift involved in this litigation was different from all other Raymond forklifts as to which Phillips’ counsel sought information regarding other accidents — so that as a consequence, Magistrate Judge Levin limited inquiry to the single forMift model that is involved in this case.

This Court is satisfied that if Magistrate Judge Levin had been given the benefit of the extensive submissions that have now been made to this Court on the subject, he would have ruled otherwise. For one thing, bias is of course one of the quintessential bases for impeachment of a witness — it is always available to a cross-examiner. In this case Phillips is entitled not only to inquire as to how often Caulfield has testified for Raymond in the past, but also — if Phillips’ counsel wishes — as to his comparative record in testifying for plaintiffs or for defendants as such. In like manner, full inquiry as to any prior consultation by Caulfield with Raymond that has not involved testimony is equally appropriate. And to that end, a full disclosure of all aspects of Caulfield’s activities in any of those capacities must be made available to Phillips — and promptly.

Just as importantly, it is true that Raymond has explained that Caulfield does not view all forMifts, or all forMifts having open-rear stand-up operator compartments, as fungible — or even as similar in terms of risk factors. But that is precisely what juries are for: Phillips is entitled to try to persuade the trier of fact otherwise, and in so doing to try to demonstrate that Caul-field’s opinions are not to be believed.3 To that end, Phillips is entitled to obtain chapter and verse of Caulfield’s prior expressions of opinion about other forMifts and about other injuries sustained by their operators, so that the jury can carry out its proper role in determining whether the similarities or lack of similarities involved in the occurrence at issue here and the forMift at issue here carry more persuasiveness.

Before this opinion concludes, something more should be added about Raymond’s effort to foreclose on procedural grounds Phillips’ raising of the issues that have been dealt with here. It is quite true that Phillips’ counsel did not file objections to Magistrate Judge Levin’s oral ruling within ten days. It may be worth noting parenthetically that the Magistrate Judge did not lodge a formal report and recommendation with this Court, which under the careful practices of all of this District Court’s Magistrate Judges (including Magistrate Judge Levin, of course) always includes an express reference to the ten-day-objection requirement. Instead only this minute order was entered (Raymond’s Ex. 32):

Plaintiffs discovery disputes ruled on as stated of record and on the terms stated of record. Defendant’s motion to compel Federal Rule 26 expert disclosures [26-1] or in the alternative, to bar plaintiffs expert witnesses is denied [26-2] without prejudice for the reasons stated of record.

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Bluebook (online)
213 F.R.D. 521, 2003 U.S. Dist. LEXIS 891, 2003 WL 164222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-raymond-corp-ilnd-2003.