Aatrix Software v. Green Shades Software
Aatrix Software v. Green Shades Software
2019 WL 11648331 (M.D. Fla. 2019)
December 9, 2019
Richardson, Monte C., United States Magistrate Judge
Summary
The court denied the motion to compel proper answers to defendant's second set of interrogatories and responses to defendant's second set of requests for production due to the defendant's failure to comply with the local rules. The court also found that plaintiff's objections to interrogatory no. 14 were due to be sustained.
Additional Decisions
AATRIX SOFTWARE, INC., Plaintiff,
v.
GREEN SHADES SOFTWARE, INC., Defendant
v.
GREEN SHADES SOFTWARE, INC., Defendant
Case No. 3:15-cv-164-J-20MCR
United States District Court, M.D. Florida
Filed December 09, 2019
Counsel
Aaron Johnson, John B. Lunseth, Pro Hac Vice, Mira Vats-Fournier, Taft Stettinius & Hollister LLP, Minneapolis, MN, Joanne M. O'Connor, Jones, Foster, Johnston & Stubbs, PA, West Palm Beach, FL, for Plaintiff.Ethan Andrew Way, Way Law Firm, P.A., Tallahassee, FL, Harold Timothy Gillis, Jeffrey S. York, Shutts & Bowen LLP, Jacksonville, FL, Nancy A. Johnson, Littler Mendelson, PC, Orlando, FL, Joseph W. Bain, Shutts & Bowen, LLP, West Palm Beach, FL, for Defendant.
Richardson, Monte C., United States Magistrate Judge
ORDER
*1 THIS CAUSE is before the Court on Defendant's Motion to Compel Proper Answers to Defendant's Second Set of Interrogatories and Responses to Defendant's Second Set of Requests for Production and Memorandum of Law in Support (“Motion”) (Doc. 142), and Plaintiff's response in opposition thereto (“Response”) (Doc. 143). Upon consideration of the parties’ submissions and for the reasons stated herein, the Motion is due to be DENIED.
I. BACKGROUND[1]
Pursuant to Rule 37(a) of the Federal Rules of Civil Procedure and Local Rule 3.01, Defendant moves the Court for an order compelling Plaintiff to provide proper answers to Defendant's Second Set of Interrogatories, served on March 23, 2019, and to produce responsive materials to Defendant's Second Set of Request for Production served on March 29, 2019. (Doc. 142 at 1.) Defendant claims that its Second Set of Interrogatories, numbered 14 through 19, sought to obtain an overview of the four elements of the patented inventions (Form Designer, form file, Form Viewer, and data file), “in an effort to obtain an understanding of the counterevidence in this case.” (Id. at 3.) Defendant also asserts that it served its Second Request for Production, numbered 41 through 49, “related to [its] Second Interrogatories” and with the purpose of “obtaining an overview of the elements discussed in Plaintiff's Second Amended Complaint.” (Id. at 8.) Defendant claims that Plaintiff's responses and objections to its Second Set of Interrogatories and Second Request for Production of Documents were improper and incomplete and asks the Court to compel Plaintiff to supplement its responses and to award reasonable attorney's fees as relief. (Id. at 11.) Plaintiff, on the other hand, counters that Defendant's Motion should be denied, inter alia, because it fails to comport with the Local Rules and because Plaintiff's responses and objections to the Interrogatories and the Request for Production were proper and should be sustained. (See Doc. 143.)
II. STANDARD
It is clear that the parties may obtain discovery:
regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Information within this scope of discovery need not be admissible in evidence to be discoverable.
Fed. R. Civ. P. 26(b)(1). The rules “strongly favor full discovery whenever possible.” Farnsworth v. Procter & Gamble Co., 758 F.2d 1543, 1547 (11th Cir. 1985). “The discovery process is designed to fully inform the parties of the relevant facts involved in their case.” United States v. Pepper's Steel & Alloys, Inc., 132 F.R.D. 695, 698 (S.D. Fla. Oct. 17, 1990) (citing Hickman v. Taylor, 329 U.S. 495, 501 (1947)). “The overall purpose of discovery under the Federal Rules is to require the disclosure of all relevant information so that the ultimate resolution of disputed issues in any civil action may be based on a full and accurate understanding of the true facts, and therefore embody a fair and just result.” Oliver v. City of Orlando, No. 6:06-cv-1671-Orl-31DAB, 2007 WL 3232227, at *1 (M.D. Fla. Oct. 31, 2007) (citing United States v. Procter & Gamble Co., 356 U.S. 677, 682 (1958)). Discovery is intended to operate with minimal judicial supervision unless a dispute arises and one of the parties files a motion requiring judicial intervention. Furthermore, “[d]iscovery in this district should be practiced with a spirit of cooperation and civility.” Middle District Discovery (2015) at 3.
*2 Motions to compel discovery under Rule 37(a) are committed to the sound discretion of the trial court. See Commercial Union Ins. Co. v. Westrope, 730 F.2d 729, 731 (11th Cir.1984). The trial court's exercise of discretion regarding discovery orders will be sustained absent a finding of abuse of that discretion to the prejudice of a party. See Westrope, 730 F.2d at 731. The party bringing a motion to compel discovery “bears the burden of demonstrating that the information it seeks is relevant.” Costa v. Metro. Life. Ins. Co., No. 6:17-cv-714-Orl-40TBS, 2018 WL 1635642, at *2 (M.D. Fla. Apr. 5, 2018). For the Court to be able to rule on a motion to compel, it must “be specifically targeted to specific requests and must have reasons why the motion should be granted.” Newman v. Sun Capital, Inc., No. 2:09-cv-445-FtM-29SPC, 2010 WL 11470980, at *1 (M.D. Fla. Jan. 15, 2010).
“A party objecting to a request for production must: (1) ‘state with specificity the grounds for objecting to the request, including the reasons;’ (2) ‘state whether any responsive materials are being withheld on the basis of that objection;’ and (3) ‘[a]n objection to part of a request must specify the part and permit inspection of the rest.’ ” Local Access, LLC v. Peerless Network, Inc., No. 6:17-cv-236-Orl-40TBS, 2018 WL 2938393, at *2 (M.D. Fla. June 12, 2018) (quoting Fed. R. Civ. P. 34(b)(2)). “The rules leave no place for boilerplate style objections.” Id. (citations omitted). Local Rule 3.04(a) provides:
A motion to compel discovery pursuant to Rule 36 or Rule 37, Fed.R.Civ.P., shall include quotation in full of each interrogatory, question on deposition, request for admission, or request for production to which the motion is addressed; each of which shall be followed immediately by quotation in full of the objection and grounds therefor as stated by the opposing party; or the answer or response which is asserted to be insufficient, immediately followed by a statement of the reason the motion should be granted. The opposing party shall then respond as required by Rule 3.01(b) of these rules.
M.D. Fla. R. 3.04(a). Local rules “have the force of law,” Hollingsworth v. Perry, 558 U.S. 183, 190 (2010) (internal quotations and citation omitted), and “[t]he importance of these Rules cannot be overstated.” U.S. v. Fleming, No. 3:09-cv-153-J-34TEM, 2010 WL 5128293, at *1 (M.D. Fla. Dec. 10, 2010).
III. DISCUSSION
First, Defendant argues that Plaintiff's responses and objections to Interrogatory Nos. 14 through 19 were improper. (Doc. 142 at 3-7; Doc. 142-1.) In its Motion, Plaintiff specifically quotes Interrogatory No. 14 as follows:
INTERROGATORY 14: For each Claim in Suit, identify by name (including, but not limited to, for example, Aatrix Payroll, Aatrix Top Pay, Aatrix State Forms Preparer), model/version number, and any other identifying indicia, each different Aatrix product that has included a form file having the claim structure(s) and/or function(s), when it was first offered for sale, first sold, first publicly used, first tested, and first manufactured, and each person with knowledge of the foregoing and all documents relating to the foregoing.
(Id. at 4.) Rather than quoting Plaintiff's objections and response in full thereafter, Defendant included a partial excerpt of Plaintiff's objections to Interrogatory No. 14 and addressed only some of Plaintiff's objections claiming they were baseless, frivolous, and without merit. However, Defendant failed to address all of Plaintiff's objections, and based on Plaintiff's arguments in its Response, the undersigned finds that Plaintiff's objections are due to be sustained.[2] Therefore, the Motion is due to be denied as to Interrogatory No. 14 based on Defendant's failure to comply with Local Rule 3.04(a), but also based on Defendant's failure to establish relevance and proportionality of the scope of this Interrogatory as evidenced by Plaintiff's arguments in support of its response and objections.
*3 Second, with respect to Interrogatories Nos. 15-19, Defendant also failed to comply with Local Rule 3.04(a). Rather than quote each interrogatory followed by a quote of Plaintiff's corresponding response and objections, Defendant merely stated as follows: “Plaintiff's objections to Interrogatories No. 15-19 essentially mimic its objection to Interrogatory No. 14, and therefore, Defendant hereby incorporates its responses to those objections and Defendant requests that this Court compel responses to all six interrogatories for the same reasons as set forth above.” (Doc. 142 at 7.) Again, Defendant's failure to comply with Local Rule 3.04(a) is fatal to its Motion with respect to Interrogatory Nos. 15-19.
Moreover, as noted by Plaintiff, Defendant's failure to comply with Local Rule 3.04(a) is fatal to its Motion with respect to its Second Set of Requests for Production.[3] In its Motion, Defendant again failed to include a quote of each Request for Production followed by a quotation in full of Plaintiff's response and objections. As such, Defendant failed to provide the Court with sufficient information from which it could properly address its claims. Although the undersigned finds it is not necessary to address Plaintiff's substantive arguments in detail, Plaintiff's arguments are well-taken. Thus, based on Defendant's failure to comply with the Local Rules, and Local Rule 3.04(a) in particular, the Motion is due to be denied.
Accordingly, it is ORDERED:
Defendant's Motion (Doc. 142) is DENIED.
DONE AND ORDERED in Jacksonville, Florida, on December 9, 2019.
Footnotes
The parties are familiar with the facts in this case, therefore, they are not restated here in length.
For example, Defendant argues that “Plaintiff improperly state[d] that providing the information requested in Interrogatory No. 14 is ‘not proportionate to the needs of the case, and is excessive, abusive and overly burdensome’ without explaining why.” (Doc. 142 at 6-7.) However, as explained by Defendant, it properly objected to the relevance and proportionality of the requested information in Interrogatory No. 14. (See Doc. 142 at 8-9.) Moreover, Defendant's following arguments in support of its objections are well-taken:
Defendant, by its Motion, seeks to force Plaintiff to perform detailed expert analysis on products that no longer exist, and then make legal conclusions to determine if multiple elements of each and every asserted independent claim of the Aatrix Patents were present in products from 17-25 years ago. Just one of those products, the Aatrix Payroll series, had at least 12 versions between 1993-2002. Pl.’s Resp. to Def.’s Interrog. 7, Doc. 140-2, at 8. The ’615 and ’393 patents have a combined 5 asserted independent claims, each including the term “form file,” and additional claim requirements (at least 3) associated with that term. For the Payroll series alone, an analysis for “form file” would include at least 180 (12 × 5 × 3) expert and legal conclusions. When the scope is expanded to each Aatrix product over nine years, the exponential burden associated with Interrogatory No. 14 becomes apparent.
(Doc. 143 at 4.)
Plaintiff also argues that Defendant failed to comply with Local Rule 3.01(g) as follows:
After the May 2, 2019 e-mail from Defendant's counsel referenced in its Motion, Doc. 142-4, Plaintiff responded on May 3, 2019, provided a supplemental document production, and said they would be available to discuss Defendant's letter on Monday, May 5. Ex. C. Instead of responding to that letter with a call or e-mail, this Motion was filed. Defendant never satisfied the “meet and confer” obligations under Local Rule 3.01(g), yet another reason why this Motion should be denied.
(Doc. 143 at 16.)