Tullytown Borough v. Armstrong

129 A.3d 619, 2015 Pa. Commw. LEXIS 539
CourtCommonwealth Court of Pennsylvania
DecidedDecember 11, 2015
StatusPublished
Cited by13 cases

This text of 129 A.3d 619 (Tullytown Borough v. Armstrong) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tullytown Borough v. Armstrong, 129 A.3d 619, 2015 Pa. Commw. LEXIS 539 (Pa. Ct. App. 2015).

Opinion

OPINION BY

Senior Judge ROCHELLE S. FRIEDMAN.

Tullytown Borough (Borough) appeals from the January 15, 2015, order of the Court of Common Pleas of Bucks County (trial court) denying the Borough’s .motion for a protective order.1 We affirm based on the trial court’s opinion.

[621]*621Edward Armstrong, Robert Campanaro, Edward Czyzyk, and George Fox (Appel-lees) filed a writ of summons commencing a civil rights action pursuant to 42 U.S.C. § 1983 against the Borough. Thereafter, by letter dated September 30, 2014, Appel-lees sought to depose nine Borough employees.2 The letter identified the individuals but failed to indicate the reasons for the depositions.

On October 30, 2014, the Borough filed a motion for a protective order, arguing that Appellees’ request for pre-complaint discovery, i.e., the letter asking to depose the nine witnesses, is expansive and without justification. The Borough stated that Ap-pellees failed to explain how the depositions are material and necessary to the filing of a complaint and pointed out Ap-pellees’ history of abusive litigation. According to the Borough, Appellees’ lawsuit is frivolous and a “fishing expedition” to gain information for use in the upcoming election. (Borough’s Mot., 10/30/14, at 1-3.)

Appellees responded that they requested pre-complaint discovery, pursuant to Pa. R.C.P. No. 4003.8, to obtain material and necessary facts to plead a violation of Appellees’ civil and constitutional rights. (Appellees’ Reply, 11/14/14, at 1-3.) In their memorandum of law in support of their pre-complaint discovery request, Ap-pellees contended that they “have reason to believe that [Borough] Police Officers were spying on campaign meetings of [Ap-pellees], who were candidates for [B]or-ough Council positions, at various locations within [the Borough].” (Appellees’ Mem., 11/14/14, at 4.) Appellees further argued that they “were advised by certain individuals that [Borough] Police Officers were ordered to follow the activities of the [Ap-pellees] as candidates for.office in 20.13.” (Id. at 6.)

In its brief in support of its motion for a protective order, the Borough stated that there .are no facts of record:

The only thing close to a factual allegation comes from [Appellees’] brief that ‘[Appellees] were advised by certain individuals that [Borough] Police Officers were ordered to follow the activities of the [Appellees] as candidates for office in 2013.’ Notably, [Appellees] do not seek .to depose there (sic) ‘certain individuals.’ Instead, they want to depose the entire police department,

(Borough’s Br. at 2 (citation omitted).) .

On November. 20, 2014, the trial court issued a rule to show caqse why the Borough’s motion for a protective order should not be granted. On December 8, 2014, the Borough filed a praecipe under Bucks County Rule of Civil Procedure (Bucks County Rule) No. 208.3(b),-requesting disposition of the motion.3

[622]*622On January 15, 2015, the trial court denied the Borough’s motion for a protective order. The Borough requested reconsideration and certification of the order for interlocutory appeal. The trial court denied both requests on February 11, 2015. The Borough petitioned this court for review. , .

By order dated March 30, 2015, this court granted the Borough’s petition for review of the interlocutory order and agreed to consider the following issue on appeal:

Did the trial court err by allowing pre-complaint discovery where the [trial] court did not reqüire.the party seeking discovery to demonstrate that the information sought is material and necessary to the filing of the complaint and that discovery will not cause unreasonable annoyance, embarrassment, oppression, burden or expense to any person or party.

(Cmwlth. Ct. Order, 3/30/15, at 1.)

Before this court, the Borough argues that the trial court erred in determining that Appellees'demonstrated that the nine requested deposition^ were material and necessary to draft a complaint. We disagree.

Initially, we observe that

[discovery matters, including pre-complaint discovery requests, are within the discretion of the trial court, and we will not reverse absent an abusé of discretion. An abuse of discretion occurs where “in reaching a conclusion, the law is overridden or misapplied, or the judgment exercised is, manifestly unreasonable, or the result of partiality, prejudice, bias, or ill will.”

Pelzer v. Wrestle, 49 A.3d 926, 929 (Pa.Cmwlth.2012) (citations omitted).

Pa. R.C.P. No. 4003.8 restricts pre-com-plaint discovery as follows:

(a) A plaintiff may obtain pre-com-plaint discovery where the information sought is material and necessary to the filing of the complaint and the discovery will not cause unreasonable annoyance, embarrassment, oppression, burden or expense to any person or party.
(b) Upon a motion for protective order or other objection to a plaintiffs pre-complaint discovery, the court may require the plaintiff to state with particularity how the discovery will materially advance the preparation of the complaint, ' In deciding the motion or other objection, the court shall weigh the importance of the discovery' request against the burdens imposed on any person or party from whom the discovery is sought.

Thus, a trial court may, but is not required to, direct a party to state how discovery will advance preparation of the complaint.

Pursuant to Pa. R.C.P. No. 206.7, the trial court, in reviewing the rule to show cause and the Borough’s motion, assumed the facts in Appellees’ reply and memorandum of law to be true. The trial court determined that the Borough admitted that: (1) Appellees needed the depositions to establish the material and necessary facts to plead a cause of action; (2) there was police surveillance of political candidates in the Borough in 2013; and (3) the depositions would not be annoying, oppressive, burdensome, or expensive. (Trial Ct. Op. at 3.)

Here, after review of the record, we conclude that the trial court did not abuse [623]*623its discretion in denying the Borough’s motion for protective order. The trial court thoroughly addressed the Borough’s issue in its opinion.

Accordingly, we affirm based on the well-reasoned opinion of the Honorable James M. McMaster.

President Judge PELLEGRINI concurs in the result only.

ORDER

AND NOW, this 11th day of December, 2015, we hereby affirm the January 15, 2015, order of the Court of Common.Pleas of Bucks County based on the opinion of the Honorable James M. McMaster .in Armstrong v. Tullytown Borough (Bucks Co., No. 2014-05675, OtCom.PL Bucks-Co. Civil Div., filed May 15, 2015).

Jurisdiction relinquished.

APPENDIX'

IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA

CIVIL DIVISION

EDWARD ARMSTRONG, ROBERT CAMPANARO, EDWARD CZYZYK, and GEORGE FOX vs. TULLYTOWN BOROUGH

No.: 2014-05675

AND ‘NOW, this 15th day of January,

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129 A.3d 619, 2015 Pa. Commw. LEXIS 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tullytown-borough-v-armstrong-pacommwct-2015.