Schaap v. Executive Industries, Inc.

130 F.R.D. 384, 1990 U.S. Dist. LEXIS 3839, 1990 WL 38982
CourtDistrict Court, N.D. Illinois
DecidedApril 4, 1990
DocketNo. 89 C 7421
StatusPublished
Cited by16 cases

This text of 130 F.R.D. 384 (Schaap v. Executive Industries, Inc.) 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
Schaap v. Executive Industries, Inc., 130 F.R.D. 384, 1990 U.S. Dist. LEXIS 3839, 1990 WL 38982 (N.D. Ill. 1990).

Opinion

ORDER

BUA, District Judge.

Plaintiffs Kenneth and Marlene Schaap filed this contract action against defendants Executive Industries, Inc. (“Executive”) and Motor Vacations Unlimited, Inc. (“Motor Vacations”), alleging that defendants sold them a motor home with substantial defects. In addition to their breach of contract claim, plaintiffs assert claims for breach of express and implied warranties. With the commencement of discovery, plaintiffs submitted a set of interrogatories and a request for production of documents, to which defendants raised several objections. Defendant Executive, which manufactures the “Prestige” model motor home purchased by plaintiffs, objects to ten different interrogatories and two requests for production of documents. Defendant Motor Vacations, which acts as a distributor/dealer for Executive, has also raised objections to ten interrogatories and two document requests. Plaintiffs now seek to compel defendants to comply with their discovery requests.

DISCUSSION

The Federal Rules of Civil Procedure only provide for the discovery of relevant material. Fed.R.Civ.P. 26(b)(1). But relevancy “is to be more loosely construed at the discovery stage than at the trial.” Kerr v. United States Dist. Ct., 511 F.2d 192, 196 (9th Cir.1975), aff'd, 426 U.S. 394, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976) (quoting 8 C. Wright & A. Miller, Federal Practice and Procedure § 2008, at 41 (1970)). Rule 26 contemplates the discovery of not only admissible evidence, but also material which is “reasonably calculated to lead to the discovery of admissible evidence.” Fed. R.Civ.P. 26(b)(1). Defendants’ objections will thus be examined in light of the liberal construction given to discovery requests under the federal rules.

I. Executive’s Objections

Executive objects to interrogatories 4, 5, 7(a), 8, 10, 11, 12, 13, 14, and 16, and document requests 3 and 5.

In connection with its objections to interrogatories 4, 5, and 10, and document requests 3 and 5, Executive argues that the information sought is irrelevant. Despite Executive’s objections, a request for discovery must be complied with unless it is clear that there is no possibility that the information sought may be relevant to the subject matter of the litigation. In re Folding Carton Antitrust Litig., 83 F.R.D. 251, 254 (N.D.Ill.1978); Sherman Park Community Ass’n v. Wauwatosa Realty Co., 486 F.Supp. 838, 845 (E.D.Wis. 1980); 8 C. Wright & A. Miller, Federal Practice and Procedure § 2008, at 46-47 (1970). As an objecting party, Executive is required to specifically detail the reasons why each interrogatory is irrelevant— whether it be by a simple affidavit or some other evidence which supports its objection. Roesberg v. Johns-Manville Corp., 85 F.R.D. 292, 296-97 (E.D.Pa.1980). General objections are not proper. Id.

Contrary to Executive’s position, the information sought by plaintiffs does not appear to be patently irrelevant. In interrogatory 4, plaintiffs seek to discover information regarding the various models of Prestige motor homes manufactured by Executive since 1982, the distributors used by Executive, and documents relating to the design and manufacture of the motor [387]*387homes. Interrogatory 5 requests information concerning sales of Prestige motor homes, complaints filed by purchasers, and all documents relating to warranties provided by Executive. Interrogatory 10 and document request 3 both seek information regarding defects or complaints of defects in the braking and electrical systems of Prestige motor homes. In document request 5, plaintiffs ask Executive to reveal all lawsuits filed against Executive after 1982 by purchasers of Prestige motor homes.

Notwithstanding the apparent relevancy of the subject matter of those interrogatories, Executive argues that discovery should be limited to information concerning the 1989 Prestige model purchased by plaintiffs. Information regarding earlier models, Executive contends, is irrelevant to the case at bar. Executive, however, has not produced any evidence or cited any authority in support of its position. Indeed, information concerning similar models that have the same component parts or structural defects, and the circumstances surrounding the marketing and sale of those models, may shed some light on the issues involved in this case. Cf. Uitts v. General Motors Corp., 58 F.R.D. 450, 452 (E.D.Pa.1972) (in a products liability action, the court refused to limit discovery to the exact type of vehicle at issue in the case; plaintiff permitted to obtain discovery of different models with similar parts). This court, therefore, sees no reason to limit the scope of plaintiffs’ discovery requests.

In addition to its relevancy objection, Executive claims that the aforementioned discovery requests are overly broad and burdensome. However, as this court previously indicated, the objecting party must specify the nature of the burden and provide specific explanations as to why the interrogatory cannot be answered. See Martin v. Easton Publishing Co., 85 F.R.D. 312, 316 (E.D.Pa.1980) (“To resist answering interrogatories, plaintiff cannot invoke the defense of oppressiveness or unfair burden without detailing the nature and extent thereof.”). Executive has failed to do so in this case. The mere fact that Executive will be required to expend a considerable amount of time, effort, or expense in answering the interrogatories is not a sufficient reason to preclude discovery. Roesberg, 85 F.R.D. at 297. By making overly general assertions of undue hardship, Executive cannot avoid complying with plaintiffs’ discovery requests.

Executive also objects to interrogatory 7(a), wherein plaintiffs request the names of employees who were involved in the manufacturing, marketing, and sale of the vehicle they purchased. Once again, Executive makes a general assertion that the interrogatory is vague and ambiguous. Although Executive is under no obligation to answer a question that is vague and ambiguous, this court sees no ambiguity on the face of interrogatory 7(a).

The remaining objections stem from plaintiffs’ inquiry into Executive’s contentions. In interrogatory 8, plaintiffs ask Executive whether it takes the position that the motor home was merchantable and fit for its particular purpose and, if so, the factual basis for that position. Plaintiffs also ask Executive to state whether it takes the position that plaintiffs could have discovered the defects prior to acceptance and, if so, the factual basis for that contention. Interrogatories 11-14 inquire into the basis for Executive’s denial of the allegations in paragraphs 16, 33, 34, and 35 of the complaint.1 In interrogatory 16, plaintiffs [388]*388ask Executive to disclose the factual basis behind its general denial of liability. Executive objects to all of those interrogatories, claiming that it should not be required to disclose its legal theories and strategies.

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Cite This Page — Counsel Stack

Bluebook (online)
130 F.R.D. 384, 1990 U.S. Dist. LEXIS 3839, 1990 WL 38982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaap-v-executive-industries-inc-ilnd-1990.