United States ex rel. Hunt v. Merck-Medco Managed Care, LLC

223 F.R.D. 330, 2004 U.S. Dist. LEXIS 15479, 2004 WL 1763217
CourtDistrict Court, E.D. Pennsylvania
DecidedJuly 22, 2004
DocketNo. 00-CV-737
StatusPublished
Cited by2 cases

This text of 223 F.R.D. 330 (United States ex rel. Hunt v. Merck-Medco Managed Care, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States ex rel. Hunt v. Merck-Medco Managed Care, LLC, 223 F.R.D. 330, 2004 U.S. Dist. LEXIS 15479, 2004 WL 1763217 (E.D. Pa. 2004).

Opinion

MEMORANDUM AND ORDER

SCUDERI, United States Magistrate Judge.

Presently before the court is a motion filed by Defendants, Merck-Medco Managed Care, LLC, et al. (collectively, “the Medco Defendants”), seeking a court order requiring Plaintiffs, the United States Government, et al. (collectively, “Plaintiffs”), to resubmit an amended initial disclosure statement in accordance with Federal Rule of Civil Procedure 26(a)(1) (“Initial Disclosure Statement”). Plaintiffs jointly oppose the motion. For the reasons set forth below, the motion is denied.1

I. Factual Background

On January 9, 2004, the parties exchanged self-executing Initial Disclosure Statements pursuant to Federal Rule of Civil Procedure 26(a)(1).2 Plaintiffs’ Initial Disclosure Statement contained the names, addresses and telephone numbers (if known) of approximately 4,300 individuals whom Plaintiffs allegedly knew to possess information relevant to the claims at issue in this case, as well as very brief descriptions regarding the identity and relevance of some of these individuals. Plaintiffs also disclosed 112 specific types of documents which Plaintiffs believed to be relevant to the issues in this case.3 See Appendix “A” to the Motion.

[332]*332By letter dated January 22, 2004, counsel for the Medco Defendants advised Plaintiffs that their Initial Disclosure Statement allegedly did not comply with Rule 26(a)(1). The next day, Plaintiffs’ counsel responded and requested a teleconference on the issue of the parties’ Initial Disclosure Statements. Following the teleconference, counsel for the Medco Defendants sent a letter to Plaintiffs’ counsel asking Plaintiffs to provide, at a minimum, “adequate descriptions and indications of relevance” for the approximately 4,300 individuals listed on Plaintiffs’ Initial Disclosure Statement. See Medco Def.’s Br. at 2.

On February 6, 2004, the Medco Defendants filed a motion for order requiring Plaintiffs to resubmit their Initial Disclosure Statement. On February 20, 2004, Plaintiffs filed a response brief opposing the motion. By letter dated March 3, 2004, counsel for the Medco Defendants suggested to Plaintiffs’ counsel that Plaintiffs could narrow their Initial Disclosure Statement “by providing a list of individuals named solely for the purposes of stipulation of undisputed facts, such as patients, physicians, and current and former employees.” See Medco Def.’s Br. at 2.

The court did not rule on the Medco Defendants’ motion for order requiring Plaintiffs to resubmit them Initial Disclosure Statement. Instead, on March 12, 2004, Plaintiffs produced an amended self-executing disclosure statement (“Amended Initial Disclosure Statement”). See Appendix “B” to the Motion. In their Amended Initial Disclosure Statement, Plaintiffs listed approximately 3,900 individuals, including name, address, telephone number (if known) and, for most of the individuals, a brief description of the information possessed relevant to this case. See id. The Amended Initial Disclosure Statement did not contain a “stipulation of undisputed facts” as suggested by Medco Defendants’ letter dated March 3, 2004.

By letter dated March 31, 2004, counsel for the Medco Defendants again advised Plaintiffs that their submission allegedly failed to comply with Rule 26(a)(1). After further attempts to resolve this dispute failed, the Medco Defendants filed the instant motion for court order seeking to require Plaintiffs to resubmit their Amended Disclosure Statement. Specifically, the Medco Defendants request an order requiring Plaintiffs to (1) make a qualitative judgment on the importance or relevance of each individual listed; (2) identify the twenty (20) most significant individuals for Plaintiffs’ case in each category; 4 (3) identify the subject of discoverable information for each individual listed; and (4) provide additional contact information and descriptions. See Medco Def.’s Br. at 8; Medco Def.’s Proposed Order. Plaintiffs respond that their Amended Initial Disclosure Statement complies with the requirements of Rule 26(a).

II. Discussion

Federal Rule of Civil Procedure 26(a) provides in relevant part:

(a) Required Disclosures; Methods to Discover Additional Matter.
(1) Initial Disclosures. Except in categories of proceedings specified in Rule 26(a)(1)(E) [not applicable here], or to the extent otherwise stipulated or directed by order, a party must, without awaiting a discovery request, provide to other parties:
[333]*333(A) the name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information;
(B) a copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment.

Fed. R. Civ. Proe. 26(a)(1)(A), (B). As explained by the Advisory Committee Notes to the 1993 amendments to Rule 26, the goal of the initial disclosure requirement is to “accelerate the exchange of basic information about the ease and to eliminate paper work involved in requesting such information.” Rule 26 Advisory Committee Notes; Fitz, Inc. v. Ralph Wilson Plastics Co., 174 F.R.D. 587, 589 (D.N.J.1997). The initial disclosure requirement should be applied “with common sense ... keeping in mind the salutary purposes that the rule is intended to accomplish.” Id.

The Medeo Defendants argue that Plaintiffs’ Amended Initial Disclosure Statement is improper for two (2) general reasons: first, because of its sheer volume; and, second, because it fails to comply with the purpose and intent of Rule 26(a) to provide an efficient start to relevant discovery. See Medeo Def.’s Br. at 3-7; Traverse at 2-3. The court disagrees. The sheer volume of a parties’ Initial Disclosure Statement cannot, by itself, constitute a violation of Rule 26(a) because the self-executing disclosures are merely a starting point for the discovery process. Although one of the purposes of Rule 26(a) is to “help focus the discovery that is needed,” see Rule 26 Advisory Committee Notes, the size of self-executing initial disclosure statements necessarily depends on the type of case involved. Logically, therefore, the more complex the case in terms of number of parties and scope of allegations, the larger the disclosure statements should be.

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Bluebook (online)
223 F.R.D. 330, 2004 U.S. Dist. LEXIS 15479, 2004 WL 1763217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-ex-rel-hunt-v-merck-medco-managed-care-llc-paed-2004.