General Steel Domestic Sales, LLC v. Chumley et al

Filing 616

ORDER; Plaintiff's Motion to Compel Updated Production of Financial Information 613 is GRANTED, by Magistrate Judge Kathleen M. Tafoya on 3/18/16.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 13BcvB00769BMSKBKMT
GENERAL STEEL DOMESTIC SALES, LLC, d/b/a GENERAL STEEL CORPORATION, a
Colorado limited liability company,
Plaintiff,
v.
ETHAN DANIEL CHUMLEY, individually,
ATLANTIC BUILDING SYSTEMS, LLC, a Delaware corporation, doing business as
ARMSTRONG STEEL CORPORATION,
PRQ INTERNET KOMMANDITBOLAG (LIMITED PARTNERSHIP) doing business as PRQ
INET KB, and
GOTTFRID SWARTHOLM, individually,
Defendants.

ORDER
This matter is before the court on “Plaintiff’s Motion to Compel Updated Production of
Financial Information” [Doc. No. 613] filed March 16, 2016. The court is well-acquainted with
this case and, after review of the docket, does not require further briefing on this issue.
With its first set of discovery requests, Plaintiff served Request for Production of
Documents No. 7, which requested, “Please produce YOUR Quickbooks database for the time
period of January 1, 2012 to the present.” Defendants filed a Motion for Protective Order on this
and other Requests [Doc. No. 77].

After briefing on the issues, the Court held a hearing on

September 25, 2013, at which it denied Defendants’ objections to Request No. 7. [Doc. No. 82].
In spite of the court’s approval of Plaintiffs’ request, in compromise, Plaintiffs agreed to

accept then current Profit and Loss statements from the Defendants, rather than full access to the
Quickbooks database. (Mot. 1-2.)
Fed. R. Civ. P. 26(e) provides
(1) In General. A party who has made a disclosure under Rule 26(a)--or who has
responded to an interrogatory, request for production, or request for
admission--must supplement or correct its disclosure or response:
(A) in a timely manner if the party learns that in some material respect the
disclosure or response is incomplete or incorrect, and if the additional or corrective
information has not otherwise been made known to the other parties during the
discovery process or in writing; or
(B) as ordered by the court.
Id. (emphasis added). Although provision of the Profit and Loss Statement was by agreement of
the parties, there is no question that Defendants Ethan Daniel Chumley, Atlantic Building Systems
and Armstrong Steel Corp. “responded to a[n] . . . request for production”, to wit: Request for
Production No. 7, by provision of the Profit and Loss statements. There is no exception to Rule
26(e)’s mandate to supplement simply because the parties agreed to accept substituted information
in place of a much more onerous production which had already been sanctioned by the court.
Now they must supplement the Profit and Loss statements as required by Rule 26(e).
It is ORDERED
“Plaintiff’s Motion to Compel Updated Production of Financial Information” [Doc. No.
613] is GRANTED. Defendants Ethan Daniel Chumley, Atlantic Building Systems and
Armstrong Steel Corp. shall provide to the Plaintiffs on or before March 25, 2016 their updated
Profit and Loss statements current through the end of 2015,.
Dated March 18, 2016.

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