Northwest Airlines, Inc. v. Local 2000
Northwest Airlines, Inc. v. Local 2000
2000 WL 33419439 (D. Minn. 2000)
January 11, 2000
Boylan, Arthur J., United States Magistrate Judge
Summary
The court modified paragraphs 3, 4, and 5 of the order, limiting the scope of the depositions and other discovery to the time frame of April 1, 1999, to the previously established discovery cut-off date of February 8, 2000. Electronically stored information was not mentioned in the court document.
NORTHWEST AIRLINES, INC., Plaintiff,
v.
Local 2000, International Brotherhood of Teamsters; Billie Davenport; Al Habib; Danny Campbell; Anne Toombs; Lovey Offerle; Joan Prince Crandall; Shadlea Bennett–Williams; Andrew Damis; Contract Action Team of Local 2000; HAVOC Committee of Local 2000; Rank and File Action Team of Local 2000; Jose Ibarra, Kristi Valenzuela; Bierne Desilets; Scott Vanspeybroeck; Carl Badynee; Dorothy Hutchinson; Ashley McNeely; Khaki Androsiuk; Gary Helton; Bob Boehm; Lou Rudy; Kevin Griffin; Ted W. Reeve; International Brotherhood of Teamsters, AFL–CIO; John Does 1–100; and Jane Does 1–100, Defendant
v.
Local 2000, International Brotherhood of Teamsters; Billie Davenport; Al Habib; Danny Campbell; Anne Toombs; Lovey Offerle; Joan Prince Crandall; Shadlea Bennett–Williams; Andrew Damis; Contract Action Team of Local 2000; HAVOC Committee of Local 2000; Rank and File Action Team of Local 2000; Jose Ibarra, Kristi Valenzuela; Bierne Desilets; Scott Vanspeybroeck; Carl Badynee; Dorothy Hutchinson; Ashley McNeely; Khaki Androsiuk; Gary Helton; Bob Boehm; Lou Rudy; Kevin Griffin; Ted W. Reeve; International Brotherhood of Teamsters, AFL–CIO; John Does 1–100; and Jane Does 1–100, Defendant
No. CIV. 00–08 (DWF/AJB)
United States District Court, D. Minnesota
January 11, 2000
Counsel
Timothy R. Thornton, Esq., Briggs & Morgan, Minneapolis, and John J. Gallagher, Esq., counsel for Plaintiff.Richard A. Miller, Esq., Michael Bloom, Esq., and Daniel J. Froehlich, Esq., Miller O'Brien Bloom, P.L.L.P., Minneapolis, Roland P. Wilder, Jr., Esq., Baptistes & Wilder, Washington, D.C. 20036, counsel for Defendants International Brotherhood of Teamsters, AFL–CIO; Local 2000, International Brotherhood of Teamsters; and Billie Davenport.
Andrew E. Tanick, Esq., and Gerald T. Laurie, Esq., Lapp Laurie Libra Abramson & Thomson, Minneapolis, Paul A. Levy, Esq., Public Citizen Litigation Group, Washington, D.C. 20036; Barbara Harvey, Esq. Harvey Law Office, Detroit, MI 48226, counsel for Defendants Kevin Griffin and Ted W. Reeve.
Boylan, Arthur J., United States Magistrate Judge
MEMORANDUM OPINION AND ORDER
*1 This matter is before the Court upon Plaintiff Northwest Airlines, Inc.'s appeal of Magistrate Judge Arthur J. Boylan's order of January 11, 2000. Specifically, Northwest is appealing paragraphs 3, 4, and 5 of the order. Defendant has filed a memorandum of law in opposition to Plaintiff's appeal of the order. The Court must modify or set aside any portion of the Magistrate Judge's order found to be clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A); Fed.R.Civ.P. 72(a); Local Rule 72.1(b)(2). Moreover, Local Rule 72.1(b)(2) states, in part, that “[t]he Judge may also reconsider any matter sua sponte.” For the reasons stated herein, the Court modifies paragraphs 3, 4, and 5 of Magistrate Judge Boylan's order of January 11, 2000, as set forth below. The Court does not find Magistrate Judge Boylan's order to be clearly erroneous or contrary to law. However, because of the scope of this Court's temporary restraining order filed on January 5, 2000, the Court has reconsidered the issues raised before Magistrate Judge Boylan sua sponte pursuant to Local Rule 72.1(b)(2); accordingly, the Court modifies the January 11, 2000, order of Magistrate Judge Boylan, consistent with that reconsideration.
Accordingly, IT IS HEREBY ORDERED THAT:
1. Paragraphs 1 and 2 of Magistrate Judge Arthur J. Boylan's order of January 11, 2000 (Doc. No. 16) are AFFIRMED.
2. The scope of the depositions and other discovery shall be limited to the time frame of April 1, 1999, to the previously established discovery cut-off date of February 8, 2000, consistent with the time frame established in the record before the Court when the temporary restraining order was issued on January 5, 2000. Further, the scope of the discovery shall be limited to the issue alleged in the complaint, specifically the concerted sick-out, except to the extent the information sought involves circumstantial evidence of the alleged sick-out or is information reasonably calculated to lead to discovery of admissible evidence relating to the sick-out. To that extent, paragraph 3 of Magistrate Judge Boylan's order of January 11, 2000, is MODIFIED.
3. That any inquiry into issues relating to Defendant Local 2000 and the International Brotherhood of Teamsters' negotiation-strike strategy and goals shall be prohibited except to the extent the information sought is reasonably calculated to lead to discovery of admissible evidence relating to complaint allegations of a concerted sick-out strategy or campaign. To that extent, paragraph 4 of Magistrate Judge Boylan's order of January 11, 2000, is MODIFIED.
4. The discovery cut-off date shall be February 8, 2000. To the extent the Court has changed the date by agreement of the parties to February 8, 2000, based upon an assumption that there was a typographical or transcriptional error, paragraph 5 of Magistrate Judge Boylan's order of January 11, 2000, is MODIFIED.
MEMORANDUM
Magistrate Judge Arthur J. Boylan's order of January 11, 2000, is neither clearly erroneous nor contrary to law if reviewed by the Court separate from the temporary restraining order that was entered on January 5, 2000, by this Court. The Court has simply modified the order, consistent with the parameters established in that temporary restraining order and consistent with the record that was before the Court on the motion for a temporary restraining order. In the Court's view, given the timing of the discovery request by the parties, there is no reasonable way Magistrate Judge Boylan could have known of the scope of the existing record at that time.
*2 The record before the Court on January 5, 2000, consistent with the allegations set forth in the complaint, clearly requires discovery of events between April 1999 through the discovery deadline of February 8, 2000. The later closing date is necessary so that the parties can establish circumstantial evidence, or a lack thereof, with respect to the continued existence of a sick-out or the threat of a sick-out.
It is this Court's view that Plaintiff is entitled to seek information which is reasonably calculated to lead to the discovery of admissible evidence involving the sick-out. Given the record before the Court on January 5, 2000, such evidence would include the particulars of the HAVOC campaign and the Contract Action Team efforts, so long as there is an evidentiary nexus between the information sought and the alleged sick-out. To that extent, the discovery could clearly involve information of other illegal job actions as long as there is a relationship to the sick-out alleged in the complaint. On the record before the Court, it would be unreasonable to conclude that either party could somehow compartmentalize the activities of the Union, the HAVOC campaign, or the Contract Action Team planning for evidentiary purposes. If there is a fine line between some of these activities, a fair and common sense approach should resolve the close issues with a minimum of court involvement, although in camera reviews or further motions for protective orders may be necessary.
Conversely, the Court will not permit any inquiry into issues relating to Defendant Local 2000's negotiations or strike strategy. It may well be that there will be a fine line of demarcation between alleged planning, authorization or ratification of the alleged sick-out vis-a-vis strike strategy of Defendant Local 2000 and the International Brotherhood of Teamsters. The negotiation and lawful strike strategy of Defendant Local 2000 and the International Brotherhood of Teamsters is confidential and privileged and there is no circumstance under which the Plaintiff should be entitled to inquire into those specific issues. The parties, therefore, should proceed accordingly with that distinction in mind.
Thus, for the reasons stated, the Court has modified Magistrate Judge Boylan's order of January 11, 2000, consistent with the parameters established in the temporary restraining order of January 5, 2000.
The parties should proceed with discovery, absent settlement, consistent with Magistrate Judge Boylan's order of January 11, 2000, as modified, and consistent with the order of this Court. If the parties do so, there should be little need for involvement of the Court in administration of the discovery process prior to the preliminary injunction hearing.
ORDER ON MOTION FOR PROTECTIVE ORDER
This matter is before the Court, Magistrate Judge Arthur J. Boylan, on defendants' motion for protective order. Hearing was held by telephone on January 10, 2000. Tim Thornton, Esq. appeared on behalf of plaintiff. Richard Miller, Esq. appeared on behalf of defendant Local 2000. Roland Miller, Esq. appeared on behalf of defendant International Brotherhood of Teamsters.
*3 Based upon the file and documents contained therein, along with memoranda and arguments of counsel, IT IS HEREBY ORDERED THAT:
1. Plaintiff shall provide defendants with initial disclosures pursuant to Rule 26(a)(1)(A) and (B) no later than January 25, 2000.
2. The number of depositions shall be limited to 25. All depositions shall be in Minneapolis, Minnesota. The depositions shall be limited to the time reasonably necessary to gain relevant information but shall not otherwise be limited in time.
3. The scope of the depositions and other discovery shall be limited to the time frame of December 7, 1999 to January 6, 2000 and shall be limited to the issues of the complaint allegations of the concerted sickout of December 21, 1999 to January 6, 2000 and threats to do same in future and; defendant Local 2000's participation in, authorization or ratification thereof.
4. Any inquiry into issues relating to Defendant Local 2000's negotiation/strike strategy and goals shall be prohibited.
5. The discovery cutoff date shall be January 8, 2000.