Union Pacific Railroad v. Larkin

229 F.R.D. 240, 62 Fed. R. Serv. 3d 101, 2005 U.S. Dist. LEXIS 21213, 2005 WL 1557016
District Court, D. New Mexico·Decided May 20, 2005·No. No. CIV. 04-0724 JB/ACT·Published·Cited by 2 cases

Opinion

AMENDED MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant Antonio Diaz’ Motion to Compel Plaintiffs Response to His First Set of Interrogatories and Requests for Production, filed March 29, 2005 (Doc. 54). The Court held a hearing on this motion on May 13, 2005. Based on the reasons stated on the record and consistent with the Court’s ruling at the hearing on this motion, the Court will order Plaintiff Union Pacific Railroad Company to amend its answers to Diaz’ interrogatories as described herein.

PROCEDURAL BACKGROUND

The cause of action against Diaz stems from Union Pacific’s allegations of intentional misrepresentation against Defendant Philip Larkin, and of civil conspiracy to provide false statements and conceal evidence against all the Defendants. Diaz served his first set of interrogatories and first request for production on Union Pacific on February 4, 2005. See Certificate of Service for Defendant Antonio Go. Diaz’s First Set of Interrogatories, Requests for Production of Documents and Requests for Admission, filed February 7, 2005 (Doc. 45). On March 9, 2005, Union Pacific hand-delivered its responses to the Gallegos Law Offices, a different law firm than that represents Diaz and Craig. For this reason, Diaz’ counsel received the responses from the Gallegos Law Offices on March 10, 2005. See Certificate of Service for Plaintiffs Objections, Answers, and Responses to Defendant Antonio G. Diaz’s First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission, filed March 9, 2005 (Doc. 50).

[242]*242Diaz’ counsel represents that, pursuant to Rule 37(a), she made a good faith effort to secure the requested information without court intervention by calling Union Pacific’s counsel and by sending Union Pacific’s counsel a letter dated March 24, 2005, seeking additional information with respect to Union Pacific’s responses to these discovery requests. See Letter from Yolanda R. Gallegos, counsel for Diaz, to John S. Thai, W.R. Logan and Michael Kaemper, counsel for Union Pacific, dated March 24, 2005 (Doc. 54). Union Pacific’s counsel responded by letter dated March 25, 2005, in which he stated that he was unable to respond to the issues raised in Diaz’ March 24, 2005 letter by the deadline for Diaz to submit his motion to compel. See Letter from Kaemper to Gallegos, dated March 25, 2005 (Doc. 25). For that reason, Union Pacific’s counsel asked that Diaz note his opposition to this motion. See id.

After Diaz filed his motion to compel, Union Pacific supplemented its responses. See Certificate of Service for Union Pacific’s Supplemental Answers and Responses to Defendant Antonio G. Diaz’s First Set of Interrogatories and Requests for Production of Documents, filed March 30, 2005 (Doc. 60). In his Reply, Diaz asserts that, despite its supplemental answers, Union Pacific has failed to provide full and complete responses to Interrogatory Numbers 11,14,16, and 20.

ANALYSIS

Since Diaz filed his motion, the parties have worked out many of their disputes. As to the requests for discovery that remain in dispute, Union Pacific’s answers to Diaz’ discovery requests are, in large part, inadequate and incomplete. The Court will order Union Pacific to amend these discovery responses.

I. DEFICIENCIES IN RESPONSES TO DIAZ’ DISCOVERY REQUESTS.

A. INTERROGATORIES.

1. Interrogatory No. 2.

Interrogatory No. 2 reads:

Plaintiff alleges in its First Amended Complaint that Mr. Larkin intentionally made false statements to the New Mexico State Police, the FRA, the NTSB, and to it. State in full detail the complete and specific factual basis for this claim including how Plaintiff learned of the alleged falsity of these statements and the date and time at which Plaintiff allegedly learned that these statements were false.

Union Pacific’s Objections, Answers and Responses to Defendant Antonio G. Diaz’s First Set of Interrogatories, Requests for Production of Documents and Requests for Admission to Plaintiff, at 6 (Doc. 54)(hereinafter “Union Pacific’s Answers”). In its original response, Union Pacific reiterated the allegation that Larkin reported events regarding the train collision to individuals before his meeting with Diaz and Craig that differ from his reports to investigators after such meeting. See id. at 7. Union Pacific did not, however, state how it learned that the statements it alleges are false were false. Union Pacific also did not provide the date and time at which it allegedly learned of such falsity. See id.

Thus, Union Pacific’s response does not completely and fully respond to the interrogatory. After Diaz filed his motion, Union Pacific supplemented its answer to Interrogatory 11. Diaz indicated that he is satisfied with this answer. See Defendant Antonio Diaz’s Reply to Plaintiffs Response to Diaz’s Motion to Compel Plaintiffs Response To His First Set of Interrogatories and Requests for Production, at 1, filed May 2, 2005 (Doc. 75)(hereinafter “Diaz’ Reply”); See Transcript of Hearing at 7:17-25 (hereinafter “Transcript”).1 For this reason, the Court will not compel Union Pacific to provide additional information to Diaz.

2. Interrogatory No. 5.

Interrogatory No. 5 reads:

Identify each and every person referenced in paragraph 18 of Plaintiffs First Amended Complaint with whom Plaintiff claims [243]*243Defendant Phillip Larkin spoke and for each person identify which statement(s) Plaintiff alleges Mr. Larkin told each person, i.e., 1) that prior to the train collision he had seen Rodella and Bohler slumped over in the cab of the eastbound locomotive; 2) that he or Slade sounded the locomotive horn in an attempt to alert the other crew prior to the collision; or 3) that he had not been injured in the collision. Include in this answer the dates and times that each of these statements were allegedly made by Mr. Larkin.

Union Pacific’s Answer, at 8-9. Union Pacific responded to this interrogatory, but did not provide the dates and times that Larkin allegedly made any of the statements. Moreover, Union Pacific did not state that it did not have such information. See id. at 9-10. After Diaz filed his motion, Union Pacific supplemented its answer to Interrogatory 5. Diaz indicated that he is satisfied'with this answer. See Diaz’ Reply, at 1; Transcript at 7:17-25. For this reason, Union Pacific need not respond further to Interrogatory No. 5.

3. Interrogatory No. 6.

Interrogatory No. 6 reads: “Identify all evidence in any form upon which Plaintiff intends to rely which supports the occurrence and substance of the alleged communications set out in your answer to Interrogatory No. 5.” Union Pacific’s Answers, at 10. In its original response, Union Pacific referred primarily and without elaboration or explanation to the depositions of Larkin, Paula Anaya, Teresa Vega, Tim Burd, Kim Roper, and John Ventura. See id. Union Pacific also referred, without elaboration or exploration, to Larkin’s statements to investigators. See id.

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Union Pacific Railroad v. Larkin, 229 F.R.D. 240, 62 Fed. R. Serv. 3d 101, 2005 U.S. Dist. LEXIS 21213, 2005 WL 1557016 (D.N.M. 2005).

229 F.R.D. 240 (Union Pacific Railroad v. Larkin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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