105 results for 'cat:"Civil Procedure" AND cat:"Discovery"'.
J. Bourgeois denies an insurer's request to compel a property owner to provide more than a one-word denial that it filed separate damage claims two to six months after Hurricane Ida hit Louisiana in 2021. If true, the insurer’s allegations of tardiness would contradict the property owner’s breach of contract suit alleging the insurer failed to pay the amount due within 30 days after receipt of satisfactory proof of loss, as required by state law. The property owner denied both of the insurer’s requests for admissions, and the denials are “sufficient even if they are false.” However, if the insurer ultimately proves the denied matter is true, the property owner may be subject to sanctions.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: May 3, 2024, Case #: 3:23cv820, NOS: Insurance - Contract, Categories: civil Procedure, Damages, discovery
J. Eckerle finds that grandparents were properly denied requests to bring motions for child support, discovery, and permanent custody during the period that their temporary custody was in effect because the motions were not ripe for consideration until permanent placement of their grandchild had been established. Affirmed in part.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: May 3, 2024, Case #: 2023-CA-0941-ME, Categories: civil Procedure, Family Law, discovery
J. Singh grants a motion to file a third amended complaint in claims alleging police harassed plaintiff, a Black man who lives in Pennsylvania, whenever he drove into New Jersey, and claims contending police interrogated his mother, because details about additional police officers came to light during discovery, and the pleading would not be barred by any statute of limitations.
Court: USDC New Jersey, Judge: Singh, Filed On: May 1, 2024, Case #: 3:19cv21164, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights, discovery
J. Alley declines to issue a petition for writ of mandamus vacating discovery-related orders in a divorce case. The relator ex-husband, who is a lawyer, argued discovery requests from his lawyer ex-wife could improperly require him to produce “attorney-client and work-product documents,” but the lower court has not yet ruled on privilege issues and, therefore there is “no clear abuse of discretion.”
Court: Texas Courts of Appeals, Judge: Alley, Filed On: April 30, 2024, Case #: 08-24-00026-CV, Categories: civil Procedure, Family Law, discovery
Per curiam, the court of civil appeals grants the law firm's petition for a writ of mandamus, in which it challenges a nonparty subpoena requiring the firm to provide the password to a certain iCloud account. The court does not grant "the specific relief requested," but it directs the lower court to either quash or modify the subpoena "in accordance with this opinion." Without modification, the subpoena would provide access to confidential communications that are protected under the attorney-client privilege.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 26, 2024, Case #: CL-2023-0811, Categories: civil Procedure, discovery, Privilege
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J. Palafox grants mandamus relief after finding a lower court erred in a convoluted dispute that emerged from a personal injury case after it became clear at trial that an expert the injured man planned to call had a conflict of interest with a law firm representing the trucking company he was suing. The injured man is right that, because the trial date had been reset for a later date, discovery deadlines should have also been extended. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 26, 2024, Case #: 08-23-00256-CV, Categories: civil Procedure, Experts, discovery
J. Currault denies the request of a prevailing litigant to compel the remote deposition of former counsel in the case of a man accused of falsely representing his HIV status to induce unprotected sex, resulting in litigant’s infection with the incurable virus after a sexual encounter in 2019. The former counsel has intervened to assert a lien and any recovery the prevailing litigant may realize from a ruling of default judgment. The prevailing litigant’s recent voluntary relocation to Poland does not, on its own, constitute good cause to order remote depositions. Moreover, he has not argued that travel to New Orleans for the depositions would jeopardize his health or impose a financial burden.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 25, 2024, Case #: 2:21cv2242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, Evidence, discovery
J. Brennan denies the graphic designer's motion to amend her complaint, ruling she not only failed to comply with the court's deadline for such a motion, but also fails to show good cause why the deadline should be extended, other than the candy company's alleged failure to timely provide discovery responses, which she could have addressed sooner and with motions to compel.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: April 22, 2024, Case #: 1:23cv2305, NOS: Copyrights - Property Rights, Categories: civil Procedure, Copyright, discovery
J. Currault grants a request by a woman injured in a traffic accident with the driver of a truck owned by a holding company, compelling disclosure of the individual owners of all members of its limited liability corporations. The holding company’s responses are insufficient, and the citizenship of the truck’s owners is a “fundamental threshold issue” that must be addressed. “Although this may be a case in which sealing the identities of upstream owners may be justified,” the holding company must provide the litigant with a redacted list of individuals or entities.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 18, 2024, Case #: 2:22cv480, NOS: Motor Vehicle - Torts - Personal Injury, Categories: civil Procedure, Tort, discovery
J. Stadtmueller grants a patient’s motion to compel discovery. The patient has opioid disorder and insomnia, and was under care when he was arrested for driving while intoxicated. While detained in the county jail, he received none of his medications, as according to jail medical staff, methadone is not prescribed for inmates under any circumstances, and he was not permitted to leave the jail to receive treatment at a methadone clinic. The patient claims denial of treatment resulted in him experiencing extreme withdrawal. The patient requested discovery that the county objected to on grounds that it violated the Health Insurance Portability and Accountability Act (HIPAA), and that the requests were overly vague. But the instant court finds the discovery request relevant to the patient’s case and does not immediately see issues with HIPAA.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: April 16, 2024, Case #: 2:23cv873, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: civil Procedure, Health Care, discovery
J. Fitzwater orders a city that subpoenaed information from another city that is a non-party in the underlying case to meet and confer with the non-party city to reduce the scope of the request. Subpoenas of non-parties must not be overly burdensome but, because the information sought may be of value to the case, the non-party city’s motion to quash is denied at this time.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 16, 2024, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: civil Procedure, Property, discovery
Per curiam, the appellate court conditionally grants a writ of mandamus to vacate an order to compel the relator's compliance with a third-party subpoena for an underlying lawsuit alleging three individuals helped her to "obtain medication to facilitate an abortion." The discovery requests "facially request evidence that could, at least, furnish a link in the chain of evidence needed to prosecute relator for a crime."
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 9, 2024, Case #: 14-23-00834-CV, Categories: civil Procedure, discovery, Privilege
J. Pham partially grants the pedestrian's motion to compel certain discovery in this civil rights action stemming from an interaction with police officers in which he was allegedly detained and searched without probable cause and subjected to an "anal cavity search." The motion, which pertains to the issue of equitable estoppel, is granted as to his request related to the "disposition and pendency time" of the police department's investigations into citizen complaints, though it is limited as to the timeframe and the investigative categories.
Court: USDC Western District of Tennessee , Judge: Pham, Filed On: April 9, 2024, Case #: 2:20cv2570, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights, discovery
J. Morgan denies a petition by operators of a parish landfill to dismiss its neighbors’ discovery requests for pollution concentration reports and documents on toxic chemicals for its environmental contamination suit. The documents requested by litigants constitute fact work product, which contain no “mental impressions, conclusions, opinions or legal theories of an attorney.” Litigants also have demonstrated need and exceptional circumstances that prevent them from obtaining the same information by other means.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: April 8, 2024, Case #: 2:18cv7889, NOS: Torts to Land - Real Property, Categories: civil Procedure, Environment, discovery
J. Currault awards sanctions of $9,000 in attorney fees and costs to three health care companies and against a collective suit of patient-care employees alleging violations of federal labor laws, including overtime and mealtime. Although the health care companies sought $18,000 for the employees’ alleged violations of discovery rules, that was reduced due to the use of “block billing,” which made ‘“it impossible for the court to determine the reasonableness of the hours spent on each task’.”
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 4, 2024, Case #: 2:20cv1515, NOS: Fair Labor Standards Act - Labor, Categories: civil Procedure, discovery, Attorney Fees
J. Tijerina conditionally grants the relator's petition for a writ of mandamus, in which it challenges an order in the underlying proceeding denying its motion for protection. The lower court erred by requiring the relator "to provide the requested documentation when the provisions of the finance code were not followed." The lower court is accordingly directed to vacate the order.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 26, 2024, Case #: 13-24-00053-CV, Categories: civil Procedure, discovery
J. Gibbons finds the lower court properly enforced the subpoena filed by the Equal Employment Opportunity Commission. Although the notice was sent to the employer's legal counsel and uploaded to the EEOC's online portal, the employer had accepted service of previous subpoenas in this fashion and cannot claim it was not properly served. Additionally, the improper reply date on the subpoena was merely a scrivener's error that did not render the entire document defective and allowed the court to enforce the subpoena. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 26, 2024, Case #: 23-1719, Categories: civil Procedure, Employment, discovery
J. Ritter denies the injured employee's motion to compel depositions, ruling the deposition notices are not only untimely or unduly burdensome, but the employer's pending motion to dismiss must also be adjudicated before any further discovery.
Court: USDC New Mexico, Judge: Ritter, Filed On: March 19, 2024, Case #: 2:23cv165, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, Negligence, discovery
J. Partida-Kipness conditionally grants the relators' petition for a writ of mandamus, in which they challenge an order granting a motion to quash certain discovery in the underlying construction dispute. The lower court erred in determining that the relators "abused the discovery process" and in ordering that the financial records at issue be destroyed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 18, 2024, Case #: 05-23-01085-CV, Categories: civil Procedure, discovery
J. Gregory finds that the lower court properly quashed a subpoena initiated to obtain an oral deposition of the Australian company's employees. In this trademark dispute, the U.S. Patent and Trademark Office is prohibited from seeking a discovery deposition. The Melbourne-based company has only the bare minimum corporate presence in Virginia to apply for a trademark, and can only be compelled to produce written discovery.
Court: 4th Circuit, Judge: Gregory, Filed On: March 13, 2024, Case #: 22-1871, Categories: civil Procedure, Trademark, discovery
J. Morgan grants a discovery request by suburban New Orleans area residents suing landfill operators for foul odors emitted from 2017 to 2019. The landfill owners are ordered to turn over documents they had declared protected from disclosure by the attorney work product doctrine. Following a private review of the requested records, 22 withheld invoices and certain documents contain no “mental impressions, conclusions, opinions or legal theories of an attorney.”
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: March 6, 2024, Case #: 2:18cv7889, NOS: Torts to Land - Real Property, Categories: civil Procedure, Environment, discovery
J. Fouratt grants, in part, the consumer's motion to compel, ruling that because the telemarketing company failed to provide a representative who had knowledge of the topics outlined in the deposition, he will be allowed to conduct a second, limited deposition of another employee who has knowledge of the relevant topics.
Court: USDC New Mexico, Judge: Fouratt, Filed On: March 1, 2024, Case #: 2:22cv360, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: civil Procedure, Consumer Law, discovery
J. Currault grants requests by the former owners of a bankrupt clinical laboratory, ordering a creditor suing them for fraud to respond with full and complete answers to discovery questions for the owners’ counterclaims. The creditor’s reference to court filings and memoranda are improper. Complaints and briefs are not verified and, therefore, do not provide admissible evidence, unlike a response to an interrogatory.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 28, 2024, Case #: 2:22cv2570, NOS: Other Contract - Contract, Categories: civil Procedure, Evidence, discovery
J. Vilardo declines to stay claims contending debt collectors used threats and misrepresentations to coerce payments from consumers. The U.S. Supreme Court is expected to rule on the agency's funding structure this summer, but the agency has an interest in enforcing consumer protection laws, and performing discovery prior to the court ruling would not be unduly burdensome.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: February 26, 2024, Case #: 1:22cv29, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, Debt Collection, discovery
J. Forester finds the district court properly determined a woman’s supplement disclosures were not timely and delayed disclosures, that these deficiencies were not harmless, and that she failed to show good cause for the disclosure being delayed in this car collision suit. She had no good cause or evidence for the delayed disclosures for the discovery process. Affirmed.
Court: Utah Court Of Appeals, Judge: Forester, Filed On: February 15, 2024, Case #: 20220702-CA, Categories: civil Procedure, Vehicle, discovery