Pearce v. E.F. Hutton Group, Inc.
Pearce v. E.F. Hutton Group, Inc.
Opinion of the Court
MEMORANDUM AND ORDER
On January 20, 1987 defendant Griffin B. Bell filed a motion to strike plaintiff’s supplemental answers to interrogatories and to prohibit testimony, with reference to identifying persons who could give factual information responsive to Interrogatory Numbers 4, 5, 6 and 11. These were included in the First Set of Interrogatories submitted to plaintiff in January, 1986. Plaintiff did not answer the interrogatories until July 10, 1986,
Hutton employees generally, paticularly (sic) those of the St. Louis and Washington-area offices of E.F. Hutton. Business leaders of St. Louis and Washington, who had known me by reputation, and the public at large.
Counsel for the defendant Griffin B. Bell has noted that by letter of August 18, 1986 they advised plaintiffs counsel of their re
I owe you the identifications previously requested as confirmed by your letter of August 18, 1986. I am reviewing records and identifying putative witnesses and expect to forward names as they develop over the next two weeks.
However, five (5) additional weeks passed before plaintiff filed Supplemental Answers identifying four (4) individuals, i.e. Janet Nugent, Steven Bralove, Theresa Carnaghi and Charles Wetzel.
General reference to a Hutton office or to Hutton employees is not acceptable. That does not provide sufficient information so that Defendant Bell can determine who, if anyone, to depose in preparation for trial. Please provide identification of specific individuals as requested in the Interrogatories. Absent such prompt identification, we reserve our right to move to compel, to object to Plaintiff offering any particular individuals as witnesses at trial, or to seek whatever other relief is appropriate.
Counsel for the defendant Griffin B. Bell wrote a further letter of November 21, 1986 referring to a discussion about identification of specific individuals in order to notice and take their depositions before the close of discovery, then January 9, 1987.
As a result of a discovery dispute as to other matters, the Magistrate by Order of December 17, 1986 extended the discovery period for eleven (11) days, to January 20, 1987, to allow the plaintiff an opportunity to take discovery with respect to his allegation that the defendant Bell purposefully made him a “scapegoat” for higher level Hutton management officials.
In his opposition counsel for the plaintiff protests that the defendant Griffin B. Bell never filed a motion to compel. He has also referred to Local Court Rule 209(j)(3) and the requirement to identify witnesses at the pretrial conference as justifying the delay to list certain individuals until January 20, 1987. But this reliance is misplaced.
The Local Rule speaks to identifying witnesses who are to testify at trial, while the interrogatories address the question of persons having knowledge of certain facts relevant to the issues in the case, not whether they will testify or not. The purpose of requiring a listing of persons with knowledge, even early on during the discovery phase in response to interrogatories, is to allow the opposing party to interview or depose them, if desired, or to conduct other investigation, and to learn the facts before discovery closes. That purpose was completely frustrated here by plaintiffs completely unwarranted and unjustified lack of diligence in supplying the names of persons plaintiff knew had knowledge about facts within the scope of the interrogatories at issue.
Accordingly, it is now hereby this 9th day of February, 1987
ORDERED that the defendant Griffin B. Bell,s motion to strike plaintiff’s supplemental answers to interrogatories and to prohibit testimony of the sixteen (16) individuals set forth in Exhibit No. 7 to his motion is hereby GRANTED; however, the request for an award of attorneys’ fees and costs is DENIED as the Magistrate concludes that the sanction of preclusion is severe enough for the plaintiff’s abuse of the discovery process involved in this matter.
. Much of the intervening delay between January and July, 1986 can be attributed to legal issues raised in motions filed by the defendants. The Magistrate attributes no fault to the plaintiff for the delay up to July 10, 1986.
. Defendant Griffin B. Bell does not seek to preclude these four (4) individuals from testifying in this case.
. This was not an extension of discovery generally and thus the supplementation of plaintiffs answers after January 9, 1987 was not contemplated.
Reference
- Full Case Name
- John M. PEARCE v. E.F. HUTTON GROUP, INC. and Griffin B. Bell
- Cited By
- 1 case
- Status
- Published