Weiner v. Bache Halsey Stuart, Inc.

76 F.R.D. 624, 1977 U.S. Dist. LEXIS 13507
CourtDistrict Court, S.D. Florida
DecidedOctober 12, 1977
DocketNo. 77-6201-Civ-JLK
StatusPublished
Cited by25 cases

This text of 76 F.R.D. 624 (Weiner v. Bache Halsey Stuart, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weiner v. Bache Halsey Stuart, Inc., 76 F.R.D. 624, 1977 U.S. Dist. LEXIS 13507 (S.D. Fla. 1977).

Opinion

ORDER

JAMES LAWRENCE KING, District Judge.

This cause came on for consideration upon the motion of defendant to compel plaintiff to answer interrogatories and produce requested documents. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion should be granted in part.

I. Discovery Requests 11(d) and (e):

These requests seek information as to each brokerage account maintained by either plaintiff since 1960. Defendant asks plaintiff to supply information regarding the nature and extent of their interest and dealings as to those brokerage accounts along with a list of names and addresses of any persons and entities who may have possession of such records. Further, defendant requests plaintiffs to produce such records.

Plaintiffs object that defendant has copies of these records in his own files. This court is guided in its determinations on this motion to compel by the following statement of the Advisory Committee on the Federal Rules of Civil Procedure:

the broad scope of examination . may cover not only evidence for use at the trial but also inquiry into matters in themselves inadmissible as evidence but which will lead to the discovery of evidence. 5 F.R.D. 433, at 454.

More specifically, it is clear now that the former equity restriction on discovery of information already within the knowledge of the moving party “could hardly apply to discovery under the federal rules, since the purpose of the discovery rules is not only to elicit unknown facts, but also to narrow and define the issues. . . . ” 8 Wright, Miller & Cooper, Federal Practice & Procedure: Civil, § 2014. See United States v. 58.16 Acres of Land, More or Less situate in Clinton County, State of Illinois, 66 F.R.D. 570 (E.D.Ill.1975). Defendant’s request in the present suit satisfies the test of relevance mandated by the Federal Rules. Plaintiffs’ brokerage records could be pertinent to a suit which hinges on the truthful and forthright nature of the relationship between their stock brokers and themselves.

[626]*626Plaintiffs cite two cases as standing for a contrary position in this matter. As to the first, Hefter v. National Airlines, 14 F.R.D. 78 (S.D.N.Y.1952), the court there denied plaintiff’s request for copies of documents in defendant’s possession because plaintiff only sought them upon defendant’s refusal to verify that they were copies maintained in the regular course of its business. As to the second case, Pope v. Ungerer, 49 F.R.D. 300 (N.D.Ga.1969), it appears that plaintiff there did not make a showing of the relevance of the records he sought to the case when defendant complained that copies of those records were in plaintiff’s own possession.

Both cases are inapposite to the case sub judice. Here, defendant has noted that the records sought will shed light on questions such as which records plaintiffs elected to retain, why they elected to retain them, and where they were maintained. Further, there may be handwritten notations on plaintiffs’ records. In a suit wherein the sophistication of the purchaser is an important matter for consideration, this court cannot find that defendant’s request is incompatible with the scope of discovery permitted under the Federal Rules.

II. Defendant’s Discovery Request No. 17:

This request asks plaintiffs to produce each bond involved in the lawsuit, together with any correspondence or documentation received by plaintiffs in connection with those bonds. Plaintiffs object that the delivery of these bonds from the custody of their Swiss Bank would be unsafe and quite costly. Defendant maintains that it is important for it to determine whether plaintiff remains possessed of these bonds and whether any notations were made upon them.

Plaintiffs’ argument is convincing. Because of the problems of loss which can arise in the course of transportation, this court orders plaintiff to transmit certified copies of the bonds in question. If, upon receiving these copies, defendant finds that it cannot read certain pencil notations or, for some other reason, finds that it needs the originals, it can apply to the court at that time.

III. Defendant’s Discovery Request No. 18:

This interrogatory asks plaintiffs to state the exact location at which these bonds have been kept, along with the respective dates, from the time plaintiffs received them to the present. Plaintiffs complain that such information cannot be relevant to the case. Defendant counters by stating that plaintiffs’ complaint centers, in part, upon the quality of the bonds purchased. Therefore, if the answers to this interrogatory demonstrate that plaintiffs provided the bonds in question to a lending institution for collateral, defendant may then discover that the lending institution made a valuation of those bonds and that it communicated such valuation to the plaintiffs.

This clearly meets the threshold requirement of relevancy. Evidence sought during discovery need not be admissible at trial—it can simply be one link in a chain which leads to evidence which will ultimately be utilized at trial.

IV. Interrogatories Nos. 19, 20, and 28:

Defendant herein requests that plaintiffs divulge whether they were ever counselled by any person about the nature of the stock or bond investments made by them and whether they ever secured an evaluation of those stocks or bonds. Plaintiff objects, stating that they had no communications with anyone on these matters prior to the default of the Ohio State Water Bonds. Further, plaintiffs contend that after the default occurred, they asked their attorneys to have an evaluation of their bond portfolio done. This, plaintiffs claim, was done for litigation purposes. Defendant’s response is that regardless of the truth of plaintiffs’ allegations, they should be required to answer the questions under oath, invoking the privilege wherever they deem appropriate.

This court adopts defendant’s recommendation in this regard. The interrogatories [627]*627should be answered and any objections on the grounds of work product or privilege should be interposed with particularity in the context of plaintiffs’ answers.

V. Discovery Request No. 21

This request entails the production of all income tax returns filed with any taxing authority by plaintiffs from 1970 to the present. Plaintiffs object that such documents are confidential communications and that, in any event, they are not relevant.

The ease of Lavin v. A. G. Becker and Co., Inc., 60 F.R.D. 684 (N.D.Ill.1973) is dis-positive of this issue. In that case, plaintiff was suing defendant-broker and defendant-dealer for violations of the federal security laws. Plaintiff alleged that defendants did not have reasonable grounds for believing that certain stock was suitable for plaintiff and that they had failed to use due diligence to learn facts relative to every customer and order. In the course of preparing for trial, defendants sought discovery of plaintiff’s tax returns covering a span of four years.

The Lavin

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Bluebook (online)
76 F.R.D. 624, 1977 U.S. Dist. LEXIS 13507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiner-v-bache-halsey-stuart-inc-flsd-1977.