St. Paul Reinsurance Co. v. Commercial Financial Corp.

198 F.R.D. 508, 48 Fed. R. Serv. 3d 1232, 2000 WL 33915816, 2000 U.S. Dist. LEXIS 17222
CourtDistrict Court, N.D. Iowa
DecidedNovember 22, 2000
DocketNo. C00-4080
StatusPublished
Cited by148 cases

This text of 198 F.R.D. 508 (St. Paul Reinsurance Co. v. Commercial Financial Corp.) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Paul Reinsurance Co. v. Commercial Financial Corp., 198 F.R.D. 508, 48 Fed. R. Serv. 3d 1232, 2000 WL 33915816, 2000 U.S. Dist. LEXIS 17222 (N.D. Iowa 2000).

Opinion

[510]*510MEMORANDUM OPINION AND ORDER REGARDING COURT’S SUA SPONTE IMPOSITION OF SANCTIONS

BENNETT, Chief Judge.

Anatole France, a late 19th and early 20th century French writer, urbane critic and Nobel Prize winner penned: “It is human nature to think wisely and to act in an absurd fashion.”1 Little could France foresee that he would decades later capture the essence of plaintiffs’ counsel’s “Rambo” style discovery tactics in this litigation.

I. INTRODUCTION

This matter is before court on its own initiative. On October 4, 2000, defendant Commercial Financial Corp. (“CFC”) filed a Motion for Expedited Relief Pursuant to Federal Rule of Civil Procedure 57. In support of its motion and request that trial be set for an available day immediately after the court rules on its motion for summary judgment, CFC recounted a discovery objection asserted by plaintiffs St. Paul Reinsurance Company, Ltd., CNA Reinsurance Company, [511]*511Ltd., and Zurich Reinsurance (London) Limited (“plaintiffs”) in this case to demonstrate to the court that plaintiffs intend to make every issue as burdensome as possible for CFC, thus justifying CFC’s Motion for Expedited Relief. As a result, the court became aware of the objections to the discovery requests asserted by the plaintiffs in this case. In almost every respect, as will be demonstrated below, each objection asserted by the plaintiffs is boilerplate, obstructionist, frivolous, overbroad, and, significantly, contrary to well-established and long standing federal law. This court will not tolerate such an egregious abuse of the discovery process. Therefore, in order to curb the abuse of discovery in this case, the court has taken up this matter sua sponte pursuant to Rule 26(g) of the Federal Rules of Civil Procedure.

II. LEGAL ANALYSIS

A. Scope of Discovery

The scope of discoverable information is delineated in Rule 26 of the Federal Rules of Civil Procedure. Rule 26(b)(1) provides in relevant part:

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if information sought appears reasonably calculated to lead to the discovery of admissible evidence.

FED.R.CIV.P. 26(b)(1). In order to fulfill discovery’s purposes of providing both parties with “information essential to the proper litigation of all relevant facts, to eliminate surprise, and to promote settlement,” the discovery rules mandate a liberality in the scope of discoverable material. Jochims v. Isuzu Motors, Ltd., 145 F.R.D. 507, 509 (S.D.Iowa 1992) (citing In re Hawaii Corp., 88 F.R.D. 518, 524 (D.Haw.1980)); see also Seattle Times Co. v. Rhinehart, 467 U.S. 20, 34, 104 S.Ct. 2199, 81 L.Ed.2d 17 (1984) (“Liberal discovery is provided for the sole purpose of assisting in the preparation and trial, or the settlement, of litigated disputes.”); Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351, 98 S.Ct. 2380, 57 L.Ed.2d 253 (1978); SDI Operating Partnership, L.P. v. Neuwirth, 973 F.2d 652 (8th Cir.1992); Lozano v. Maryland Casualty Co., 850 F.2d 1470, 1472 (11th Cir.1988); Gary Plastic Packaging Corp. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 756 F.2d 230, 236 (2d Cir.1985); Miller v. Pancucci, 141 F.R.D. 292, 298 (C.D.Cal.1992) (stating that the federal policy of discovery is a liberal one). Thus, as long as the parties request information or documents relevant to the claims at issue in the case, and such requests are tendered in good faith and are not unduly burdensome, discovery shall proceed. M. Berenson Co., Inc. v. Faneuil Hall Marketplace, Inc., 103 F.R.D. 635, 637 (D.Mass.1984).

The party resisting production bears the burden of establishing lack of relevancy or undue burden. Oleson v. Kmart Corp., 175 F.R.D. 560, 565 (D.Kan.1997) (“The objecting party has the burden to substantiate its objections.”) (citing Peat, Marwick, Mitchell & Co. v. West, 748 F.2d 540 (10th Cir.1984), cert. dismissed, 469 U.S. 1199, 105 S.Ct. 983, 83 L.Ed.2d 984 (1985)); accord G-69 v. Degnan, 130 F.R.D. 326, 331 (D.N.J.1990); Flora v. Hamilton, 81 F.R.D. 576, 578 (M.D.N.C.1978). The party must demonstrate to the court “that the requested documents either do not come within the broad scope of relevance defined pursuant to Fed.R.Civ.P. 26(b)(1) or else are of such marginal relevance that the potential harm occasioned by discovery would outweigh the ordinary presumption in favor of broad disclosure....” Burke v. New York City Police Department, 115 F.R.D. 220, 224 (S.D.N.Y.1987). Further, the “mere statement by a party that the interrogatory [or request for production] was ‘overly broad, burdensome, oppressive and irrelevant’ is not adequate to voice a successful objection.” Josephs v. [512]*512Harris Corp., 677 F.2d 985, 992 (3d Cir.1982) (quoting Roesberg v. Johns-Manville Corp., 85 F.R.D. 292, 296-97 (E.D.Pa.1980)); see also Oleson, 175 F.R.D. 560, 565 (“The litany of overly burdensome, oppressive, and irrelevant does not alone constitute a successful objection to a discovery request.”) (citation omitted). “On the contrary, the party resisting discovery ‘must show specifically how ... each interrogatory [or request for production] is not relevant or how each question is overly broad, burdensome or oppressive.’ ” Id. at 992 (quoting Roesberg, 85 F.R.D. at 296-97); see also Oleson, 175 F.R.D. 560, 565 (“The objecting party must show specifically how each discovery request is burdensome or oppressive by submitting affidavits or offering evidence revealing the nature of the burden.”); Cipollone v. Liggett Group, Inc.,

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198 F.R.D. 508, 48 Fed. R. Serv. 3d 1232, 2000 WL 33915816, 2000 U.S. Dist. LEXIS 17222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-paul-reinsurance-co-v-commercial-financial-corp-iand-2000.