Yancey v. Hooten

180 F.R.D. 203, 1998 U.S. Dist. LEXIS 11003, 1998 WL 314586
CourtDistrict Court, D. Connecticut
DecidedMay 5, 1998
DocketCiv. No. 3:97CV1400DJSTPS
StatusPublished
Cited by14 cases

This text of 180 F.R.D. 203 (Yancey v. Hooten) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yancey v. Hooten, 180 F.R.D. 203, 1998 U.S. Dist. LEXIS 11003, 1998 WL 314586 (D. Conn. 1998).

Opinion

RULING ON PLAINTIFF’S MOTION TO COMPEL

SMITH, United States Magistrate Judge.

The plaintiff brings this action pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and the Connecticut Unfair Trade Practices Act (“CUTPA”), Conn. Gen.Stat. § 42-110a. Now pending before the court is the plaintiffs motion to compel discovery.1

As a general proposition, the discovery rules contained in the Federal Rules of Civil Procedure are to be construed broadly. A valid discovery request need only “encompass any matter that bears on, or that reasonably could lead to other matter that could bear on, any issue that is or may be in the case.” Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351, 98 S.Ct. 2380, 57 L.Ed2d 253 (1978); see Hickman v. Taylor, 329 U.S. 495, 501, 67 S.Ct. 385, 91 L.Ed. 451 (1947); Gary Plastic Packaging Corp. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 756 F.2d 230, 236 (2d Cir.1985). Limits do, however, exist. Discovery of matter not “reasonably calculated to lead to the discovery of admissible evidence” is not within the scope of Fed.R.Civ.P. 26(b)(1). Oppenheimer Fund, Inc., 437 U.S. at 351-52, 98 S.Ct. 2380. The district court enjoys broad discretion when resolving discovery disputes, which should be exercised by “determining the relevance of discovery requests, assessing their oppressiveness, and weighing these factors in deciding whether discovery should be compelled.” In re Multi-Piece Rim Products Liability Litigation, 653 F.2d 671, 679 (D.C.Cir.1981); Brenner v. Silver, Golub and Sandak, No. B-88-283(EBB), slip op. at 2-3 (D.Conn. August 25, 1989). Having outlined these general rules relating to discovery, the court now turns to the pending motion to compel.

The plaintiff posed discovery requests which she argues relate to her claim that the defendants attempted to evade Connecticut licensing obligations by the use of the name of Thomas Rathgeb as signatory for collection letters sent into Connecticut. The defendant objects to many of these interrogatories and requests for production primarily because the information sought does not “comport with the traditional notions of relevancy, and imposes an undue burden on the defendants and their efforts to defend this [208]*208meritless action.” (Def.’s Mem. Opp. to Pl.’s Mot. Comp, at 4.)2 Rather than examine the disputed discovery on the basis of these general objections, the court will address each discovery request individually, taking into account the defendant’s basis for objection and the justification offered by the plaintiff.

Interrogatory (2): GRANTED

As to each such letter, provide an estimate of the number of times that form of letter was sent to any Connecticut debtor during 1997.

The plaintiff claims this “request is for the purpose of establishing the intentional nature, frequency and persistence of noncompliance, as required by 15 U.S.C. § 1692k.” (Pl.’s Mem. Supp. Mot. Comp, at 4.) The defendant offers no support for his interpretation of 15 U.S.C. § 1692k as referring to the debt collector’s conduct toward a specific debtor, not to all debtors. Therefore, the court finds this request to be reasonably calculated to lead to the discovery of admissible evidence.

Interrogatory (3): GRANTED

Describe in detail the financial and business relationship between each defendant and plaintiffs creditor (hereafter “creditor”), e.g., billing method, rate, frequency and media; expenses billed: funds remittance method, rate, frequency and media; the nature and extent of services rendered (e.g. letter only, letter followed by suit in what circumstances); fee arrangement for each identified type of service; whether communication is direct or indirect, such as through a collection agency as intermediary.

The plaintiff argues that this request is related to her belief that the defendants are operating as an unlicensed collection agency, not as attorneys. The defendant responds that whether the defendants are acting as a collection agency or as attorneys is irrelevant to the instant action because the FDCPA applies to all “debt collectors,” including both collection agencies and attorneys. See Heintz v. Jenkins, 514 U.S. 291, 299, 115 S.Ct. 1489, 131 L.Ed.2d 395 (1995) (the FDCPA applies to attorneys who regularly engage in consumer debt collection activities). While this is certainly the case, the requested information may still lead to the discovery of admissible evidence relating to the alleged attempts of defendant Hooten, who is not licensed to practice in Connecticut, to evade the Connecticut collection agency licensing requirements found in Chapter 669 Part XII of the Connecticut General Statutes by using defendant Rathgeb’s name on collection letters sent into Connecticut. Precisely because defendant Hooten claims his relationship with defendant Rathgeb exempts him from the Connecticut licensing statute, the plaintiff is entitled to discovery concerning the nature of the relationship between each defendant and the plaintiffs creditor.

Interrogatory (I): GRANTED

Identify Thomas Rathgeb.

The defendant does not contest that he has failed to identify Thomas Rathgeb in accordance with Local Civil Rule 39(c)(3).3 Rather he requests a protective order from the court allowing his response (that Mr. Rathgeb is an attorney admitted to practice in Connecticut and “of counsel” to defendant Hooten) to stand due to his fear that disclosing Mr. Rathgeb’s residential and business address will lead to further harassment by the plaintiff. The court declines to limit the plaintiffs discovery in this manner. She is entitled to the information outlined in Local Rule 39(c)(3), and the defendant is ordered to [209]*209provide it in its entirety. Should the defendant feel the information is subsequently misused, he may then bring the matter to the court’s attention by way of a motion for sanctions.

Interrogatory (5): GRANTED

Describe in detail the financial and business relationship between the Hooten office and Thomas Rathgeb, including all changes or modifications since its inception, e.g., billing method, rate, frequency and media; expenses billed: funds remittance method, rate, frequency and media; the nature and extent of services rendered (e.g. letter only, letter followed by suit in what circumstances); fee arrangement for each identified type of service.

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Cite This Page — Counsel Stack

Bluebook (online)
180 F.R.D. 203, 1998 U.S. Dist. LEXIS 11003, 1998 WL 314586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yancey-v-hooten-ctd-1998.