Porter v. Azar
Porter v. Azar
2019 WL 13393189 (D.D.C. 2019)
June 13, 2019
Robinson, Deborah A., United States Magistrate Judge
Summary
The Magistrate Judge denied the Plaintiff's Motion to Compel Discovery and Motion for Sanctions against the Defendant due to lack of evidence of the alleged destruction of any evidence and the Plaintiff's speculation that the Defendant's answers to the interrogatories were incomplete. The Magistrate Judge also recommended the same determination in a related case.
Additional Decisions
William PORTER, Plaintiff,
v.
Alex M. AZAR II, Secretary, U.S. Department of Health & Human Services, Defendant
v.
Alex M. AZAR II, Secretary, U.S. Department of Health & Human Services, Defendant
Civil Action No. 16-2464 TJK/DAR
United States District Court, District of Columbia
Signed June 13, 2019
Counsel
William H. Porter, Upper Marlboro, MD, Pro Se.Brenda A. Gonzalez Horowitz, U.S. Department of Justice, Washington, DC, Daniel Patrick Schaefer, Esbrook P.C., Washington, DC, Sam Escher, DOJ-USAO, Civil Division, Washington, DC, for Defendant Sylvia Mathews Burwell.
Robinson, Deborah A., United States Magistrate Judge
MEMORANDUM ORDER
*1 The above-captioned action was referred to the undersigned United States Magistrate Judge for determination of Plaintiff's Motion to Compel Discovery and Motion for Sanctions (“Plaintiff's Motion to Compel and for Sanctions”) (ECF No. 28).[1] Plaintiff and counsel for Defendant appeared before the undersigned on June 12, 2019 for a hearing on the motions. Upon consideration of the motions; Defendant's Response to Plaintiff's Motion to Compel and Motion for Sanctions (“Defendant's Response”) (ECF No. 35); Plaintiff's Reply to Defendant's Response to Motion to Compel and Request for Sanctions (“Plaintiff's Reply”) (ECF No. 36); the proffers and arguments of the parties during the hearing, and the entire record herein, the undersigned will deny both motions.
The undersigned does so for the reasons offered by the Defendant, both orally and in writing. More specifically, the undersigned finds that the Plaintiff has failed to carry the burden of the movant to demonstrate that the opposing party has failed to answer the movant's interrogatories and to produce documents responsive to the movant's requests for production of documents. See, e.g., Oxbow Carbon & Minerals LLC v. Union Pac. R.R. Co., 322 F.R.D. 1, 5-6 (D.D.C. 2017) (“The party that brings the motion to compel bears the initial burden of ‘proving that the opposing party's answers were incomplete,’ ... and ‘explaining how the requested information is relevant.’ ”) (citations and quotations omitted); Doe v. D.C., 248 F. Supp. 3d 186, 190 (D.D.C. 2017) (“The moving party bears the burden of proving that the discovery responses were incomplete.”).
Additionally, the undersigned observes that Plaintiff, during the hearing, acknowledged that he has no evidence of the alleged destruction of any evidence by Defendant, see Plaintiff's Reply at 2, 12. In like manner, the undersigned observes that Plaintiff acknowledged that his contention that Defendant's answers to the interrogatories which are the subject of the motions are incomplete, see Plaintiff's Motion to Compel and for Sanctions at 7, 10, 18, also is predicated upon his belief that there must be something missing from Defendant's answers to those interrogatories. However, a movant's mere speculation concerning an omission of information from an interrogatory answer, or speculation concerning the existence of documents which were not included in a production of documents, does not provide a basis for the entry of orders compelling discovery and imposing sanctions. See Abt v. Jewell, 303 F.R.D. 166, 172 (D.D.C. 2014) (denying plaintiff's motion to compel where “[plaintiff] had an obligation to demonstrate affirmatively that [d]efendant failed to produce discoverable information,” and plaintiff “made no showing on th[e] issue[.]”).
*2 It is, therefore, this 13th day of June, 2019,
ORDERED that Plaintiff's Motion to Compel Discovery and Motion for Sanctions (ECF No. 28) is DENIED; and it is
FURTHER ORDERED that Plaintiff's Renewed Motion for Sanctions (ECF No. 33) are DENIED AS MOOT.[2]
Footnotes
The undersigned has determined that Plaintiff filed the same motions in Porter v. Azar, Civil Action No. 11-1546, which is assigned to the same United States District Judge. The referral to the undersigned was confined to the above-captioned action, and did not include Civil Action No. 11-1546; however, since the motions are identical, and the parties were fully heard during the hearing conducted by the undersigned on June 12, 2019, the undersigned recommends that the assigned United States District Judge make the same determination in Civil Action No. 11-1546 that the undersigned makes in the instant Memorandum Order.