Reo v. Lindstedt

CourtDistrict Court, N.D. Ohio
DecidedJune 27, 2023
Docket1:19-cv-02103
StatusUnknown

This text of Reo v. Lindstedt (Reo v. Lindstedt) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reo v. Lindstedt, (N.D. Ohio 2023).

Opinion

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

BRYAN ANTHONY REO, ) Case No. 1:19-cv-2103/2589/2615/2786 ) Plaintiff, ) ) JUDGE SOLOMON OLIVER, JR. v. ) ) MAGISTRATE JUDGE MARTIN LINDSTEDT, ) THOMAS M. PARKER ) Defendants. ) ) ORDER

Pending before the court are several non-dispositive motions filed by plaintiffs Bryan Reo, Anthony Domenic Reo, and Stefani Rossi Reo. See ECF Doc. 92; ECF Doc. 93; ECF Doc. 112; ECF Doc. 113; ECF Doc. 114; ECF Doc. 121; ECF Doc. 122. For the reasons that follow: (i) Plaintiffs’ motion for leave to conduct additional discovery (ECF Doc. 93) is GRANTED IN PART and DENIED IN PART.

(ii) Plaintiffs’ motion to compel (ECF Doc. 92) is DENIED AS MOOT.

(iii) Plaintiffs’ motion to strike and deem requests for admission (“RFAs”) admitted (ECF Doc. 114) is GRANTED IN PART and DENIED IN PART.

(iv) Plaintiffs’ motion to amend or supplement their complaints (ECF Doc. 112) is DENIED.

(v) Defendant Martin Lindstedt’s filings in ECF Doc. 98, ECF Doc. 102, ECF Doc. 105, ECF Doc. 106, ECF Doc. 107, ECF Doc. 108, ECF Doc. 109, ECF Doc. 111, ECF Doc. 115, and ECF Doc. 116 are SEALED.

(vi) Plaintiffs’ remaining motions to strike (ECF Doc. 113, ECF Doc. 121, and ECF Doc. 122) are DENIED AS MOOT. I. Motion for Leave to Conduct Additional Discovery

Plaintiffs move to reopen discovery for a period of 90 days to obtain information Lindstedt failed to provide in each of the four cases prior to entry of judgment, remand, and consolidation and, particularly, to depose Lindstedt. ECF Doc. 93 at 2–3. Lindstedt responds that no further discovery is necessary because plaintiffs’ claims concern defamatory statements he was alleged to have published on his website, which is publicly available online. Electronic Recording of May 18, 2023 Status Conference; see also ECF Doc. 98 at 2; ECF Doc. 102 at 2–3; ECF Doc. 108 at 2–3; ECF Doc. 115 at 4–5. “Matters of docket control and conduct of discovery are committed to the sound discretion of the district court,” including whether to reopen discovery. In re Air Crash Disaster, 86 F.3d 498, 516 (6th Cir. 1996) (internal quotation marks omitted); see Grant v. Metro. Gov’t of Nashville & Davidson Cnty., 646 F. App’x 465, 467 (6th Cir. 2016). Opening discovery anew requires a showing of “good cause,” the primary measure of which is the movant’s diligence in obtaining the information he now seeks in time previously provided. Fed. R. Civ. P. 16(b)(4);

see Marcilis v. Twp. of Redford, 693 F.3d 589, 597 (6th Cir. 2012). Five factors are relevant to that analysis: “(1) when the moving party learned of the issue that is the subject of discovery; (2) how the discovery would affect the ruling below; (3) the length of the discovery period; (4) whether the moving party was dilatory; and (5) whether the adverse party was responsive to prior requests.” Dowling v. Cleveland Clinic Found., 593 F.3d 472, 478 (6th Cir. 2010). “Good cause” to reopen discovery has not been established. The issues that are the subject of discovery have been known to plaintiffs since the onset of litigation. Plaintiffs have also had ample time to pursue written discovery and depositions prior to the close of discovery: (i) 135 days (Case No. 1:19-cv-2103); (ii) 109 days (Case Nos. 1:19-cv-2589 and 1:19-cv-2786); and (iii) 105 days (Case No. 1:19-cv-2615). Instead, plaintiffs elected to pursue summary judgment well ahead of the discovery deadlines based solely on Lindstedt’s failure to respond to their RFAs. See ECF Doc. 34 (motion for summary judgment filed 95 days before the close of discovery); Case No. 1:19-cv-2589, doc. 43 (motion for leave to move for summary judgment

filed 71 days before the close of discovery); Case No. 1:19-cv-2615, doc. 18 (motion for summary judgment filed 61 days before the close of discovery); Case No. 1:19-cv-2786, doc. 24 (motion for leave to move for summary judgment also filed 71 days before the close of discovery). A deliberate choice to forego potential discovery in the time provided – based upon a tactical gambit – is not the equivalent of diligence. Moreover, plaintiffs have not argued that they would be disabled from proving their case absent further discovery. They have not attempted to rebut Lindstedt’s assertion that the allegedly defamatory statements are publicly available and readily accessible online. And plaintiffs presumably are in control of all evidence necessary to establish damages, save for expert evidence, which plaintiffs do not seek to pursue in their motion to reopen discovery. See

ECF Doc. 59 at 6–8; see also ECF Doc. 67 at 2; ECF Doc. 67-1 at 5–8. All told, the court finds “good cause” to reopen discovery lacking. That said, the court, in the excise of its discretion to control the docket and manage discovery, will require that Lindstedt to respond to plaintiffs’ interrogatories and requests for production of documents in each of the four cases and to file those with the court. Lindstedt is advised that only proper objections and answers which directly address the substance of the interrogatory question or request for production will be accepted as responsive, vituperation and baseless objections will not.1 To the extent the responsive documents are publicly available online, Lindstedt must indicate which requests for production can be satisfied by going to his website and identify where on his website they are located. See EEOC v. Dolgencorp, LLC, 196 F. Supp.3d 783, 796–97 (E.D. Tenn. 2016) (stating that, despite the general rule that parties

cannot withhold discovery simply because it the requesting party could discover it on his own, “a number of courts have recognized that there is no discovery obligation to produce documents in the public record that are equally available to both parties.”); see also 7 Moore’s Federal Practice, § 34.12(5)(b) (3d ed. 2023) (“A court may refuse to order production of documents of public record that are equally accessible to all parties”). Accordingly, plaintiffs’ Motion to Conduct Additional Discovery is GRANTED IN PART and DENIED IN PART. The court ORDERS that Lindstedt shall have until July 27, 2023 to serve plaintiffs with responses to interrogatories and requests for production in each of the four cases. Further, Lindstedt is hereby ORDERED to file those responses with the court. II. Motion to Compel Discovery

Plaintiffs separately move for an order compelling Lindstedt to produce the interrogatories and requests for production served in each of the four cases. ECF Doc. 92. In light of the above order requiring Lindstedt to produce responses and cause those responses to be filed with the court, plaintiffs’ motion to compel (ECF Doc. 92) is DENIED AS MOOT.

1 The court notes that Lindstedt included in ECF Doc. 106 answers to interrogatories from Case No. 1:19- cv-2615, consisting entirely of objections. ECF Doc. 106 at 2-3. Lindstedt may amend his responses or rest on his objections. III. Motion to Strike and Deem RFAs Admitted

Plaintiffs move to strike Lindstedt’s handwritten responses to their RFAs, which Lindstedt filed with the court on May 19, 2023, and either deem the RFAs admitted or require proper responses to be filed within seven days. ECF Doc. 114. Plaintiffs also propose entry of default judgment as a sanction for Lindstedt’s conduct throughout the course of discovery. ECF Doc. 114 at 15.

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Reo v. Lindstedt, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reo-v-lindstedt-ohnd-2023.