Chi. Reg'l Council of Carpenters Pension Fund v. Celtic Floor Covering, Inc.
Chi. Reg'l Council of Carpenters Pension Fund v. Celtic Floor Covering, Inc.
Opinion of the Court
*1045This case is about the defendant's obligations to make contributions to the various carpenters' union trust funds for the carpenters hired to do work for the defendant. After a bumpy start to this litigation-more on that in a moment-the plaintiffs performed an audit that revealed what they contend were the carpenters for whom the defendant was delinquent in its contributions, and the amounts owed. And so, the plaintiffs served the discovery requests at issue, essentially covering the work done by 30 or so carpenters during the period at issue; some carpenters appear to have missing contributions for a month or two, others for 40 or 50 months. The defendant has filed a motion to quash the plaintiffs' requests for admissions and production, and interrogatories.
The form that discovery has taken-345 requests to admit, each with 3 subparts, and accompanying interrogatories and document requests-is what prompted the defendant's motion. See generally Robinson v. Stanley ,
Defendant's counsel isn't to blame for any of this, of course, and the motion he has filed is perhaps understandable. After all, he did not come into the case until May 17, 2017. [Dkt. # 42]. But, the long and short of it is, 30 or so carpenters are the ones for whom contributions from the defendant are allegedly delinquent. The defendant claims otherwise. And so this case isn't any different than any other in which the parties differ as to the plaintiffs' entitlement to be the prevailing party. In any event, the defendant is now going to have to produce discovery relevant to the claims and defenses in the case. Swanson v. Citibank, N.A. ,
The tack that plaintiffs' counsel has taken to finally be able to discover such information is perhaps understandable given all the plaintiffs have had to endure thus far. And for that the defendant apparently has no one but itself and its owners to blame. Still, there may be a more efficient and adroit manner for the plaintiffs now to obtain this information. But perhaps there isn't.
*1046While at long last we finally have experienced labor lawyers on both sides, the fact remains that this is a run-of-the-mill, ERISA-Taft-Hartley Act contributions case. Surely counsel on both sides can get together and come up with a discovery plan that will take care of the records that clearly need to be produced and will satisfy both sides. But discovery there will be, and further delay and obstruction will not be allowed. See Sambrano v. Mabus,
Of course, counsel for defendant, in purported compliance with Local Rule 37.2, has certified that the attorneys have already met and conferred on this dispute. But the cursory description of that discussion-"[defendant's counsel] requested one of Plaintiff's [sic] attorneys ... in writing and on the telephone to withdraw the Requests For Admission, Interrogatories and Requests For Production of Documents but Plaintiffs refused to do so" [Dkt. # 54, ¶ 2]-strongly suggests if it does not demonstrate that no "good faith attempt to resolve differences" was made-at least not the kind the Local Rule envisions and demands.
The phrase, "good faith," common throughout the law, is not a talisman, empty and meaningless. Cf. Cent. Illinois Light Co. v. Consolidation Coal Co. ,
That means there are no hard and fast rules. Indeed, two decision-makers-on virtually identical facts-can arrive at opposite conclusions, both of which constitute appropriate exercises of discretion. See McCleskey v. Kemp ,
Accordingly, the defendant's motion [Dkt. # 54] is denied without prejudice to its refiling in the hopefully unlikely event *1047that the parties are unable, after truly good faith negotiations, to compromise on a solution to this discovery quarrel. The parties should note, however, that the course that the defendant previously followed will no longer be ignored or tolerated.
Reference
- Full Case Name
- CHICAGO REGIONAL COUNCIL OF CARPENTERS PENSION FUND v. CELTIC FLOOR COVERING, INC.
- Cited By
- 80 cases
- Status
- Published