Saria v. Massachusetts Mutual Life Insurance

228 F.R.D. 536, 62 Fed. R. Serv. 3d 109, 2005 U.S. Dist. LEXIS 8319, 2005 WL 1421879
CourtDistrict Court, S.D. West Virginia
DecidedMay 9, 2005
DocketNo. CIV.A. 2:04-CV-00382
StatusPublished
Cited by13 cases

This text of 228 F.R.D. 536 (Saria v. Massachusetts Mutual Life Insurance) is published on Counsel Stack Legal Research, covering District Court, S.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saria v. Massachusetts Mutual Life Insurance, 228 F.R.D. 536, 62 Fed. R. Serv. 3d 109, 2005 U.S. Dist. LEXIS 8319, 2005 WL 1421879 (S.D.W. Va. 2005).

Opinion

MEMORANDUM OPINION AND ORDER

STANLEY, United States Magistrate Judge.

On February 16, 2005, Massachusetts Mutual (“Mass Mutual”) filed a Motion to Compel seeking Plaintiffs answers to certain of [538]*538its interrogatories and requests for production of documents. (Docket # 34.) Mass Mutual had served Plaintiff, LaDonna Saria (“Saria”), with 28 interrogatories, many of which contained subparts. The number of interrogatories, including these subparts, exceeded the limit (50) which the parties had agreed upon. Saria initially lodged a numerosity objection to all interrogatories, and did not answer any of them. She later agreed to answer those interrogatories “to which [she] had no objection”, and apparently selected those to which she responded. However, certain of Saria’s answers were simple references to other pleadings rather than responses crafted to answer the interrogatory. Saria raised relevancy and undue hardship objections to various interrogatories and requests as well. Saria’s responses were neither verified nor signed.

Mass Mutual filed its Motion to Compel due to (1) the lack of verification; (2) Saria’s inadequate responses to Interrogatories # 4, 19, 20, 22, and 23; (3) Saria’s inadequate responses to Requests for Production # 10, 11, 12, 13, and 14. Mass Mutual seeks an award of attorney’s fees and costs associated with this Motion.

After the Motion to Compel was filed, both parties moved for summary judgment before the Honorable Joseph R. Goodwin. The court determined that these dispositive motions should be ruled upon before the Motion to Compel was addressed. On April 21, 2005, Judge Goodwin entered a Memorandum Opinion and Order (docket # 54) denying Mass Mutual’s Motion for Summary Judgment and granting Plaintiffs Motion for Summary Judgment as to Count I of her Complaint (liability only). Judge Goodwin’s Order narrows the issues to be resolved and thereby provides guidance for resolution of this outstanding discovery.

Defendant’s complaints with Saria’s responses are well-taken. Rule 33(b) of the Federal Rules of Civil Procedure addresses several of these:

(b) Answers and Objections.
(1) Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the objecting party shall state the reasons for objection and shall answer to the extent the interrogatory is not objectionable.
(2) The answers are to be signed by the person making them, and the objections signed by the attorney making them.
* ❖ # * * *
(4) All grounds for an objection to an interrogatory shall be stated with specificity. Any ground not stated in a timely objection is waived unless the party’s failure to object is excused by the court for good cause shown.

Fed.R.Civ.Pr. 33(b)(1), (2), and (4)(2005).

The Southern District of West Virginia emphasized the importance of strict adherence to these rules in Vica Coal Co., Inc. v. Crosby, 212 F.R.D. 498 (S.D.W.Va.2003). In that case, the defendant objected to the propounded interrogatories, but then provided answers in a letter to plaintiffs counsel. Thus, the requested information was received, but the answers were unverified. The court stated,

The Rules require that answers to Interrogatories shall be made separately and fully under oath and signed by the party making them with the party’s attorney signing any objections. The course taken by Defendant’s counsel has undermined the important function and utility of Interrogatories as they have been posed by the Plaintiff in this case. Seeking information through Interrogatories is an efficient and cost-effective method of discovery and marshaling evidence for trial. Indeed, the Rules anticipate that it could lead to the discovery of evidence worthy of admission at trial. Rule 33(c) provides that Interrogatory answers may be used at trial “to the extent permitted by the rules of evidence.” Deviating from the course prescribed by the Rules in any significant manner or way therefore negates the significant opportunity to introduce evidence through Interrogatories at trial.

212 F.R.D. at 505 (emphasis added).

This case raises an important point: if interrogatory responses may be used at trial, they are nothing short of testimony. When responses are only signed by an attor[539]*539ney, and not by the client, the attorney has effectively been made a witness. Likewise, the failure to provide client verification undermines the dispositive motion process under Rule 56(c): “...The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law...” Fed.R.Civ.Pr. 56(c)(2005).

The need for strict compliance with Rule 33 was also recognized in Poole v. Textron,, Inc., 192 F.R.D. 494 (D.Md.2000). In discussing the various inadequate discovery responses therein, the Poole court remarked,

In complex litigation such as this, cases are shaped, if not won or lost, in the discovery phase. The rules of discovery must necessarily be largely self-enforcing. The integrity of the discovery process rests on the faithfulness of parties and counsel to the rules-both the spirit and the letter. ‘[T]he discovery provisions of the Federal Rules are meant to function without the need for constant judicial intervention and.. .those Rules rely on the honesty and good faith of counsel in dealing with adversaries.’ Hopei Garments (Hong Kong), Ltd. v. Oslo Trading Co., 1988 WL 25139 (S.D.N.Y., March 8, 1988.)

192 F.R.D. at 507.

Our Northern District cited to Poole in discussing sanctions against signers of discovery responses which are incomplete or objectively unreasonable. PLX, Inc. v. Pro-systems, Inc., 220 F.R.D. 291, 296 (N.D.W.Va.2004).

Rule 33, requiring verification and signature, is among the simplest of all the Rules of Procedure, and yet it is increasingly ignored. This court wishes to emphasize that the discovery rules are as important as the rules governing trials and judgments, and the discovery rules’ requirements are mandatory, not optional. Objections are subject to Rule 11 review. Parties and attorneys alike are also subject to Rule 26(g)1, which states:

(2) Every discovery request, response, or objection made by a party represented by an attorney shall be signed by at least one attorney of record in the attorney’s individual name, whose address shall be stated... The signature of the attorney or party constitutes a certification that to the best of the signer’s knowledge, information, and belief, formed after a reasonable inquiry, the request, response, or objection is:

(A) consistent with these rules and warranted by existing law or a good faith argument for the extension, modification or reversal of existing law;
(B) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

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Bluebook (online)
228 F.R.D. 536, 62 Fed. R. Serv. 3d 109, 2005 U.S. Dist. LEXIS 8319, 2005 WL 1421879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saria-v-massachusetts-mutual-life-insurance-wvsd-2005.